Akkshadha Srivastav
Published on: 17th August, 2022 at 16:06 IST
The Delhi High Court on Tuesday, in Association of Practicing Pathologists v. GNCTD, heard a petition filed by a caucus of doctors challenging a Delhi Government order capping the price of RT-PCR tests for COVID-19 by private laboratories at Rs. 300.
Single Judge bench headed by Justice Yashwant Varma briefly heard the plea and listed the matter for final disposal on November 16.
The round-robin was originally filed by the Association of Practicing Pathologists, a registered guild of over 240 practising pathologists with standalone medical laboratories in Delhi/NCR, through Advocate Neeraj Grover in 2020. Grover told the Court that the pricing order had been amended twice since, prompting the petitioner to apply to transmute the plea.
He contended that the price cap set by the Delhi government was inordinate and was imposed without any authority in the law.
According to the Aam Aadmi Party (AAP) order dated January 20, 2022, the rates for RT-PCR tests and Rapid Antigen Tests for COVID-19 in Delhi by private sector laboratories were fixed as:
- Conventional RT PCR Test wherein samples are collected by Govt. teams and collected from the collection sites by Private sector Labs as requisitioned by the Districts/Hospitals: Rs. 200;
- Conventional RT PCR Test wherein samples are collected by Private lab teams for Government and processed further at their lab: Rs. 300;
- Conventional RT PCR Test wherein individuals give their samples at the Labs/Private Hospitals/Collection facilities for paid testing at their own expense (including all charges-sample collection & testing cost at the site): Rs. 300;
- Conventional RT PCR Test wherein samples are collected through home visits (including all charges- visit, sample collection & testing: Rs. 500;
- Rapid Antigen Detection Test (RAT): Rs. 100
According to the plea, the government order violated Articles 14, 19(1)(g), and 21 of the Constitution of India. It further adduced that the price of three RT-PCR tests: the open system test, Truenat, and CB-NAAT, could not be uniform.
In October of last year, the Kerala High Court set aside a government order that had capped the price chargeable by private laboratories for RT-PCR tests at Rs 500.
The State government had subsequently approached the High Court in appeal.
