High Court Reverses Kerala Order On Capping Covid RT-PCR Tests Rate In Private Labs

Court Reverses Kerala Order On Capping Covid RT-PCR Tests Rate In Private Labs

Earlier Kerala government directed action against private hospitals flouting norms. (Representational)


The Kerala High Court on Monday quashed the Kerala government’s order to reduce charges of RT-PCR tests in private laboratories to Rs 500 from Rs 1,700.

The High Court also quashed the order to initiate criminal proceedings against those who are not implementing the order. In May, the Kerala government had issued an order to reduce the RT-PCR test rates in the state from Rs 1700 to Rs 500.

A bench of Justice TR Ravi also directed the state government to hold discussions with owners and representatives of private laboratories and take a fresh decision in this regard.

The Court’s ruling came on the petitions filed by Accredited Molecular Testing Laboratories and Devi Scans Private Limited seeking to set aside the order. The petition contended that “the state government has no power to issue an order fixing rate for tests in private labs.”

The order was issued without jurisdiction and in violation of principles of natural justice. The average cost of conducting an RT-PCR test as per the present norms and quality standards comes to around Rs 1500 per test, the plea read.

“Any revision in the existing rates would detrimentally affect their interest as well as the quality of the RT-PCR test. The clientele of the private labs is persons, who have to travel abroad or those who intend to undergo surgeries and operations in private hospitals. In both these cases, the accuracy of the tests cannot be diluted at any rate. Cheaper testing kits are available in the market but they may not produce accurate results. The government issued the order unilaterally and without affording them a chance of being heard,” the High Court said.

On this, the state government submitted a report in the court and stated, “the cost of kits, consumables have drastically come down and the argument of the private labs is that the only way to move forward is to use test kits that are cheaper and not up to the mark in getting an accurate result was without any basis.”

The RT-PCR test rate in Punjab is Rs 415 while it costs Rs 500 in Maharashtra, Haryana and Uttarakhand, the government said.

Source link

Leave a Reply

Your email address will not be published. Required fields are marked *

Legal Updates/News

Punjab and Haryana HC gets one more judge, justice Rajan Gupta transferred

Justice Sureshwar Thakur has been transferred to the Punjab and Haryana high court from the Himachal high court The Centre on Monday notified transfer of justice Rajan Gupta, the senior-most judge after the chief justice at Punjab and Haryana high court, to the Patna high court. Justice Sureshwar Thakur has been transferred to the Punjab […]

Read More
Legal Updates/News

Delhi High Court gets two new judges

Two new judges of the Delhi High Court were sworn in on Monday, taking the working strength of the court to 31 against a sanctioned strength of 60. Chief Justice D.N. Patel administered the oath of office to Justices Yashwant Varma and Chandra Dhari Singh, who were transferred to Delhi from the Allahabad High Court. […]

Read More
Legal Updates/News

Private schools to move High Court against dues on buses : The Tribune India

Our Correspondent Nurpur, October 11 The Kangra district private schools’ association (affiliated with the HP Board of School Education) has taken strong exception to the government authorities’ pressure on them to clear outstanding dues related to private buses stranded on the school premises in the wake of the pandemic since March 2020. Jaswant Dhadwal, president […]

Read More