Gauhati High Court
Daniyal Khan vs The Union Of India And 3 Ors on 6 January, 2021
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/4
GAHC010182122020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/82/2020
DANIYAL KHAN
S/O PERVEZ KHAN, R/O 3C, RAJANI ENCLAVE, MOTHER TERESA ROAD,
GEETA NAGAR, GUWAHATI 781023, DIST. KAMRUP (M), ASSAM.
VERSUS
THE UNION OF INDIA AND 3 ORS
REPRESENTED BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF
HEALTH AND FAMILY WELFARE, NEW DELHI
2:THE STATE OF ASSAM
REPRESENTED BY THE CHIEF SECY. TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-6
DIST. KAMRUP (M)
ASSAM.
3:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPTT.
DISPUR
GUWAHATI-6
DIST. KAMRUP (M)
ASSAM.
4:INDIAN COUNCIL OF MEDICAL RESERCE (ICMR)
V. RAMALINGASWAMI BHAWAN
P.O. BOX NO. 4911
ANSARI NAGAR
NEW DELHI 11002
Advocate for the Petitioner : MS M HAZARIKA
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Advocate for the Respondent : ASSTT.S.G.I.
BEFORE HON'BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH HON'BLE MR. JUSTICE MANISH CHOUDHURY order 06-01 -2021 [N. Kotiswar Singh, CJ(Acting)] Heard Mr. Daniyal Khan, petitioner in person. Also heard Mr. D. Saikia, learned Senior Standing Counsel, Health Department assisted by Mr. A. Chaliah, learned counsel and Mr. R.K. Dev Choudhury, learned Asstt. SGI.
2. The present PIL has been filed seeking for a direction to the respondent-authorities to ensure that the exorbitant rates are not being charged either by the State or by the private medical institutes for COVID testing and treatment. On 16.12.2020, this Court had directed the learned State Counsel appearing for the respondents to take instructions in this regard. Today, Mr. D. Saikia, learned Senior Standing Counsel, Health Department has produced the order dated 29.12.2020 issued by the Health and Family Welfare Department, Government of Assam, whereby the rates for RT-PCR testing have been fixed @ Rs.1,000/- and 1200/- and for Rapid Antigen Testing @ Rs.500/-. It has been further mentioned in the said order that all the laboratories are instructed to follow the guidelines issued by the ICMR from time to time and all the hospitals/ institutes/laboratories are to display the revised tariffs prominently and strictly comply with the above orders and non-compliance shall attract actions as per the provisions of law. The said rate is applicable to all NABL and ICMR approved laboratories in the State of Assam.
3. In view of above, we are of the opinion that no further direction need be issued to the State Government as regards the rate of charges for undergoing COVID testing as it has already been mentioned in the order dated 29.12.2020, which we do not find to be unreasonable. We also expect that the State Government would enforce the aforesaid order strictly and accordingly, take strict actions against those who violates such norms and if Page No.# 3/4 anyone is found to be taking advantage of the pandemic situation, the Government authority shall strictly deal with the situation as per the provision of law.
4. For convenience, the aforesaid order dated 29.12.2020 is reproduced herein below:
" Government of Assam
Health & Family Welfare Department
Dispur ::Guwahati-6
No.HLB.174/2020/25 Dated: Dispur, the 29th December, 2020
Order
In suppression of earlier orders and in pursuance of the increased availability and reduction in costs of RNA extraction kits, RT-PCR kit etc., the Government in Health & Family Welfare Department has decided that the maximum rates chargeable for testing (RT-PCR) by all NABL & ICMR approved laboratories in the State of Assam shall be as follows:
Sl Test Maximum Rates
No. Chargeable for
RT-PCR/RAT Test
1) RT-PCR test Samples which
are collected at the
Labs/Hospitals (including all Rs.1000/-
charges-test cost+PPE etc.,)
2) RT-PCR test Samples which Rs.1200/-
are collected from home
(including all charges-test cost
+VTM+PPE etc.,)
3) Rapid Antigen Testing Rs. 500/-
All Laboratories are instructed to follow the guidelines issued by ICMR from time to time.
All Hospitals/Institutes/Laboratories are instructed to display the revised tariffs prominently and strictly comply with the above orders. Non-compliance shall attract action as per the provisions of law.
The concerned district administration and the Health Department officials shall closely monitor and enforce the rates strictly.
Samir Kumar Singha, IAS) Principal Secretary to the Government of Assam Page No.# 4/4 Health & Family Welfare Department Dated Dispur, the 29th December, 2020."
5. The petitioner has also alleged in para-32 of the petition that normally the Government run test centers take at least 72 Hrs. to test and give the RT-PCR results. However, the State Government is charging Rs.2,200/- extra if the result is sought before 72 Hrs., which fact, however, has been denied by Mr. D. Saikia, learned Senior Standing Counsel, Health Department, stating that earlier because of urgency, if test result was required before 72 Hrs., the person had to pay only Rs.1000/-.
6. In view of above, we are of the opinion that if the State Government is charging only Rs.1000/- extra for early result of the test, it cannot be said to be unreasonable or unjustified.
7. Accordingly, we close this PIL with a direction to the respondent-authorities to strictly implement the order issued by the authorities themselves on 29.12.2020 herein above and take to task any institution strictly, which charges more than the specified rates in accordance with law.
JUDGE CHIEF JUSTICE (ACTING) Comparing Assistant