A Supreme Court bench comprising of Justice Ashok Bhusan and S. Ravindra Bhatt directed that the COVID-19 test should be done free of cost in both Government and approved private laboratories.
The interim order was passed by the bench in a writ under Article 32 of the Constitution of India filed as PIL by Shashank Deo Sudhi. In PIL, petitioner challenged the decision of Government to cap the cost of the COVID-19 testing in private labs as Rs 4500/- and also prayed for free testing of COVID-19 in both Government and approved private laboratories.
In PIL, the petitioner also prays that a direction be issued that all the tests of COVID-19 must be carried out under NABL accredited labs or in agencies approved by WHO or ICMR.
Till now more than 200 countries are suffering from this pandemic. Though various measures are taken by the Government of India and State Governments the graph of the number of patients and death caused by the COVID-19 is rapidly rising day by day.
In this regard, the Indian Council of Medical Research Department of Health Research has notified the list of the operative Government and private laboratories to test COVID-19.
Supreme Court said that there is a “Prima facie substance” in the submissions of the petitioner and at this time, when a nation is in crisis, permitting labs to charge Rs 4500/- for testing COVID-19 may not be within the means of a large number of population of the country. Moreover, no person should be deprived of testing of COVID-19 merely because of non-payment of the capped price of Rs 4500/-.
Now the concern is whether the approved private laboratories that conduct a free test of COVID-19 are entitled to any reimbursement of expenses incurred? The abovementioned issue shall be considered later on.