RAJESH SHANKAR
S. Sharans Testing Center, Ranchi – Appellant
Versus
State of Jharkhand, through its Additional Chief Secretary – Respondent
JUDGMENT :
1. With the consent of the parties, both these writ petitions are taken up together and are being disposed of by this common order.
2. The present writ petitions have been filed for quashing the order as contained in memo no.42 (HSN) dated 20.01.2022 passed by the Additional Chief Secretary, Department of Health, Medical Education & Family Welfare, whereby rate of RT-PCR test for Covid-19 chargeable by private laboratories in the State of Jharkhand as well as the rate for home visit to collect samples for RT-PCR test have been re-fixed.
Further prayer has been made for declaring that the said respondent has no authority or jurisdiction to fix the rate of RT-PCR test with respect to private laboratories unless and until the respondent-State of Jharkhand is ready to subsidize the difference between the rates fixed by it and the rate prescribed by the Indian Council for Medical Research.
3. The learned counsel for the petitioners submits that with the outbreak of novel Coronavirus (COVID-19) across the country, the respondent-ICMR laid down certain guidelines for conducting RT-PCR tests in private laboratories and the said guidelines were notified by the Ministry of health & Fa
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