[COVID-19] Delhi High Court seeks AAP govt response in challenge to order capping price of RT-PCR test at Rs 800

The Delhi High Court today issued notice in a challenge to Delhi government order capping the price of RT-PCR test for COVID-19 by private laboratories at Rs 800 (Association of Practicing Pathologists v GNCTD)..Under the order, the price of test involving home visits is Rs 1200..A single-judge Bench of Justice Navin Chawla sought response from the Aam Aadmi Party (AAP) government in a petition by Association of Practicing Pathologists (petitioner). .The petitioner is a registered association of over 240 practicing pathologists with standalone medical laboratories in Delhi/NCR. .Appearing for the petitioner, advocate Neeraj Grover contended that given the costs associated with the test, the maximum price fixed by Delhi government was unreasonable and was imposed without any authority in law. .Clarifying that the private laboratories were not looking at profit-making, Grover informed the court that earlier, the price was capped at Rs 2,400. .As per the petitioner, the government order violated Article 14, 19(1)(g) and 21 of the Constitution of India. .The petitioner also apprehended that such unreasonable capping of charges at "non-viable rates" would ensure that no new lab applies for COVID-19 testing approval..The petitioner further argued that the price of three RT-PCR tests - open system test, Truenat and CB-NAAT - could not be uniform and common. .Delhi government standing counsel, Ramesh Singh and Gautam Narayan strongly opposed the petition and stated that the price was fixed based on data. .The court was also informed that a petition concerning price fixation of RT-PCR tests was already pending before the Supreme Court. .Insofar as the issue of a "common price" for three three RT-PCR tests was concerned, it was clarified by the Delhi government that the notification was only with respect to the open system test. .During the course of the hearing, the petitioner also claimed that the Delhi government was not clearing the bills owned to private labs. .The court, however, did not consider it appropriate to deal with this issue in the present petition.."Let individual members take it up. These would be contractual matters," the court said. .The matter would be heard next on February 25, 2021.