In the wake of the sudden spike in numbers of patients infected by the Corona Virus and to contain the same acting in consonance with the health guidelines issued by the Delhi Government, the Bench of Justice Hima Kohli and Justice Subramonium Prasad passed an order to get rid of the requirement of procuring a doctor’s prescription for getting oneself tested for COVID-19 through RT-PCR Tests. However this applies only to the residents of Delhi State.
After a brief Status Report was filed by the Indian Council of Medical Research (ICMR), a Testing Advisory was issued on 04.09.2020. The highlight of the said Advisory is that ICMR has for the first time, recommended testing on demand for all individuals undertaking travel to other countries, Interstate, wherever a negative COVID-19 test is mandated at the point of entry, as also testing by all individuals who wish to get themselves tested. A recommendation was also made to the concerned State Governments to decide if they wish to simplify the modalities of testing.
The Court enunciated:
“Keeping in mind the spike in the number of COVID-19 cases in Delhi, this court is of the opinion that the situation does not brook any further delay. Therefore, while providing a buffer of additional 2,000 RTPCR tests besides 10,000 tests to the Delhi Government from out of a total testing capacity of 14,000 through RT-PCR (private sector and public sector combined), it is directed that henceforth, any resident of Delhi who wished to get tested at his/her own expense through RT-PCR for COVID-19 infection, need not produce a prescription from a doctor. The person concerned would only be required to fill up the form prescribed by the ICMR and produce the Aadhaar Card to establish that he/she is a resident of Delhi. This will however not mean that private laboratories who are receiving samples from the Delhi Government for testing, will be lax in submitting their reports. It is directed that all private laboratories shall prioritise testing RT PCR samples sent to them by the Delhi Government.”
The court directed the Delhi Government to prepare a map that shall indicate the testing facilities that have been set up all over Delhi as well as the Delhi Government website for maximum reach. It must be made sure by the DMRC to display the maps at prominent spots for the commuters to easily access the same.
The Court also clarified that:
“In the event, Delhi Government sends additional samples for testing through RT-PCR to the private laboratories, the same shall also be entertained and reports given without any delay. If Delhi Government faces any difficulty, it shall be free to approach this court for modification of this order.”
While providing an insight into the number of cases in the state of Delhi in its order, it was opined by the court that in view of the sudden spike in the number of containment zones to 1114, the government is directed to ramp up the mobile van facilities so as to ensure that at least 4 vans are available in each of the 11 districts at appropriate sites to be decided by DMRC.
The Court finally concluded the order by stating that further guidelines shall be laid down by the court for the Delhi Government to follow subject to the implementation of the current order, as well as the result of the data collected under the Sero Surveillance-3 conducted in September,2020 by the government in collaboration with Maulana Azad Medical College.
CASE NAME: akesh Malhotra v. Government of NCT, Delhi & Ors
CASE DETAILS: Civil Miscellaneous No. 12106/2020 (For Directions)
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