The right to health includes access to necessary testing for infections, and arbitrary restrictions on testing undermine this fundamental right.

Headnote:(A) Public Interest Litigation - Right to Health - The petition sought directives for COVID-19 testing entitlement at a government dispensary, challenging restrictions imposed on repeat testing for individuals already tested positive. (Paras 1, 2)

(B) Constitutional Rights - The court emphasized the importance of health rights and citizens’ access to necessary medical testing. (Paras 1, 3)

Facts of the case:
The petitioner sought reliefs concerning access to COVID-19 testing, challenging the advisory limiting repeat testing for those who previously tested positive.

Findings of Court:
The court found no grounds to continue monitoring the petition, thus disposing of it but allowing the petitioner liberty to return if needed.

Issues: The main issues included the legality of prohibiting repeat COVID-19 testing and individuals' right to access health services.

Ratio Decidendi: The court ruled that the right to health encompasses the ability to access necessary testing, and arbitrary restrictions on testing could impede this right.

Result: Writ petition disposed of with liberty to approach the Court again if needed.

Table of Content
1. public interest litigation seeking covid-19 testing (Para 1)
2. court's analysis based on counter affidavits (Para 2)
3. writ petition disposed with liberty to approach again (Para 3)

JUDGMENT

D.N. Patel, Chief Justice (Oral)--Present Public Interest Litigation has been preferred seeking the following reliefs:

"I. Direct the Respondent No. 3 to allow the Petitioner and his parents to be tested for SARS-CoV-2 (COVID-19) at Delhi Government Dispensary, B-3 Sultanpuri, Delhi86;

II. Direct the Respondents No. 1 to 3 to strike down Point No. (i) under the Recommended measures to optimize RTPCR in the Advisory dated 04.05.2021 issued by Respondent No. 2 which reads as follows, "i. RTPCR test must not be repeated in any individual who has tested positive once either by RAT or RTPCR."

III. Direct the Respondents to not put any direct or indirect prohibition on the right of a citizen to get oneself tested for any infection including SARS-CoV-2 (COVID19).

IV. Pass any other or further directions, orders or writ as this Hon'ble Court may, in the facts and circumstances of the case and in the interest of justice."

2. We have heard learned counsel appearing on behalf of the Petitioner and learned Additional Solicitor General appearing on behalf of the Respondents and looked into the facts and circumstances of the case. Looking to the counter affidavit filed by Respondent No.3/Directorate General of Health Services, GNCTD, especially paragraphs 2 to 7 thereof as also paragraph 5 of the counter affidavit filed by Respondent No.2/Indian Council of Medical Research, we see no reason to keep the present writ petition pending and monitor the case further.

3. Writ petition along with pending application is hereby disposed of. Nonetheless, liberty is reserved with the Petitioner to approach this Court, in case the need so arises.

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