LAWS(SC)-2020-4-4

SHASHANK DEO SUDHI Vs. UNION OF INDIA

Decided On April 13, 2020
Shashank Deo Sudhi Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The Court is convened through Video Conferencing. : - I.A. No.48265/2020, Application for Intervention is allowed.

(2.) By I.A. No.48266/2020, the applicant has prayed for modification of the order dated 08.04.2020. Another IA has been filed by one Mr. Bijon Kumar Mishra seeking impleadment and directions to ensure the treatment of COVID-19 infected patients free of cost in all hospitals. Mr. Bijon Kumar Mishra is permitted to intervene.

(3.) Mr. Mukul Rohatgi, learned senior counsel has appeared on behalf of several laboratories to put their point of view with regard to charging of fee asprescribed by the ICMR and conducting of the free test of COVID-19. Shri Rohatgi submits that the ICMR has fixed Rs. 4,500/- on a moderate side to cover the expenses of Labs for conducting the COVID-19 test. He submits that insofar as the persons covered under the Pradhan Mantri Jan Aarogya Yojana, popularly called as Ayushman Bharat Yojana, the Labs are conducting free of cost COVID-19 test. He submits that in the event, the Labs are not to charge any fee for the tests, it will be impossible for them to carry on the test in due to financial constraint and other relevant factors. He further submits that the kits which are utilized in the test are imported kits involving substantial expenses.