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DELHI HIGH COURT
D.N.PATEL, JYOTI SINGH
Karan Ahuja – Appellant
Versus
Union of India – Respondent
| 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 Pe
The right to health includes access to necessary testing for infections, and arbitrary restrictions on testing undermine this fundamental right.
The court's discretion to dispose of a petition based on the lack of reason to keep it pending.
A public interest litigation is rendered infructuous when the reliefs sought have been effectively addressed by relevant authorities.
The court may dispose of a petition as infructuous if the reliefs sought have already been addressed.
The court ruled that patients with COVID-19 symptoms must be admitted without RT-PCR test results, emphasizing the importance of following health directives and improving testing infrastructure.
Court mandated regulation of HRCT test prices in private hospitals, emphasizing the principles of justice and equity in light of similar actions by other states.
The court's decision was based on directing the concerned authorities to consider the grievances and decide the pending representation in accordance with the law, rules, regulations, and government p....
Compulsion for plasma donation from recovered Covid-19 patients by the court is outside judicial purview; frivolous petitions do not merit public interest litigation.
The main legal point established is that the state is responsible for providing medical treatment to prisoners, especially when referral hospitals are dedicated Covid-19 facilities. Additionally, the....
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