Doctors' association challenges ₹300 cap on RT-PCR tests before Delhi High Court

The Delhi High Court on Tuesday heard a petition filed by a group of doctors challenging a Delhi government order capping the price of RT-PCR tests for COVID-19 by private laboratories at ₹300. (Association of Practicing Pathologists v. GNCTD).Justice Yashwant Varma briefly heard the plea today and listed the matter for final disposal on November 16..The petition was originally filed by the Association of Practicing Pathologists - a registered association of over 240 practicing pathologists with standalone medical laboratories in Delhi/NCR - through Advocate Neeraj Grover in 2020. Grover told the Court that the pricing order had been amended twice since, prompting the petitioner to file an application to modify the plea.He contended that given the costs associated with the test, the price cap fixed by the Delhi government was unreasonable and was imposed without any authority in law..According to the Aam Aadmi Party (AAP) government order dated January 20, 2022, the rates for RT-PCR test and Rapid Antigen Tests for COVID-19 in Delhi by private sector laboratories were fixed as:1.Conventional RT PCR Test wherein samples are collected by Govt. teams and collected from the collection sites by Private sector Labs as requisitioned by the Districts/Hospitals: Rs. 2002. Conventional RT PCR Test wherein samples are collected by Private lab teams for Government and processed further at their lab: Rs. 3003. Conventional RT PCR Test wherein individuals give their samples at the Labs/Private Hospitals/Collection facilities for paid testing at their own expense (including all charges-sample collection & testing cost at the site) : Rs. 3004. Conventional RT PCR Test wherein samples are collected through Home visits (including all charges- visit, samples collection & testing: Rs.5005. Rapid Antigen detection Test (RAT) : Rs. 100.The government also ordered that private sector labs shall mandatorily collect the samples from the testing sites as requisitioned by the government team.All labs are required to ensure that samples are processed latest within 12 hours of being received, with all positive results being updated on the Indian Council of Medical Research (ICMR) portal mandatorily within 30 minutes of samples being processed. This is to be followed by the updating of all negative results latest within 24 hours of receiving samples in the lab..The petitioner association apprehended that such unreasonable capping of charges at "non-viable rates" would ensure that no new lab applies for COVID-19 testing approval.As per the plea, the government order violated Article 14, 19(1)(g) and 21 of the Constitution of India.It further argued that the price of three RT-PCR tests - open system test, Truenat and CB-NAAT - could not be uniform and common..In October last year, the Kerala High Court set aside a government order that had capped the price chargeable by private laboratories for RT-PCR tests at ₹500. The State government subsequently approached the High Court in appeal..[COVID-19] Kerala High Court sets aside Kerala Govt order capping price of RT-PCR test at ₹500