Thread by @barandbench

Kerala High Court hears plea challenging Kerala Govt’s recent direction to capping price of RTPCR tests conducted by private labs at Rs 500. Plea moved by private testing labs. Matter before Justice N Nagaresh.

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Sr Adv Sreekumar takes Court through earlier orders of govt regarding pricing of RTPCR tests etc.

Court: Mr Sreekumar we don't have the time to hear this in detail

Sreekumar points out that the stakeholders should have been consulted before capping price

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This is nothing but a violation of principles of natural justice.. This is totally in violation of the guidelines.. We could have produced much more data... on the value of the materials: Sreekumar

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Sreekumar says that those who do not fix RTPCR rates at 500 are now liable for prosecution, so private labs are forced to do so although they cannot afford to

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AAG Ranjith Thampan: There was a complaint that the rate for RTPCR in Kerala was the highest in the nation.. In Punjab, the rate was Rs 450, Maharashtra it was 500... Orissa, it was 400...

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AAG: There were serious complaints about the high amount in the State of Kerala..A PIL was posted for hearing. Division Bench of the Court, considering extraordinary rates in hospitals, observed (orally) that the rate fixed for (RTPCR) were very good

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AAG Thampan also refers to a letter by ICMR and the Union Ministry of Health and Family Welfare where it said that the rate of RTPCR should be finalised by the States.

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AAG says that measures are also being put in place for mobile RTPCR services.

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AAG Thampan adds that only 10 private labs have challenged the new cap on the price of RTPCR tests. DDRC, being one of the largest labs has not challenged, he argues.

One of the largest labs, DDRC... the cost of test is only Rs 500: AAG Thampan

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Petitioner has not revealed the actual cost of RTPCR test... they have not said what is the actual cost that is sufficient: AAG Ranjith Thampan

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The situation is that the rate in the State of Kerala was the highest at Rs 1700...In other states (rate was lower).. Taking into account all these aspects...: AAG

I will consider Additional AG: Court

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AAG: Supposing the petitioner has any grievance, in the judgment of Justice Asha... the order was not quashed. It was only said that the representatives should be heard again... In the present case, except these 10 labs, all other 55 labs do not have a complaint

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Sreekumar: With regard to rates in other states, no data has been collected by the State...

Court: They have their own method of collecting data, they have conducted the market survey

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Sreekumar reads submissions.

The present statement is nothing but verbatim reproduction of statement before another bench, it was not accepted, Sreekumar argues.

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Sreekumar: Again my learned friend says the very same thing... what is the change of circumstances milord?... Merely because some of the labs have not challenge the same, we cannot afford... The very same thing is being repeated which was not accepted by this court.

Sreekumar: They cannot simply wash out the (earlier) judgment.

Sreekumar argues that until stakeholders are consulting and a decision taken thereon, pvt labs may be allowed to continue testing at earlier rates

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Advocate M Ajay for KMSCL says he wishes to supplement AAG's submissions.

Court: I have heard, not necessary. I am not granting interim order

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Court order (1/n): Prima facie ... govt has arrived at rates of #RTPCR tests after conducting a market survey and study through KMSCL...

Discernible from statement filed that cost of PCR test including swab collection would come to Rs 135-240 only.

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Court order (n/n): It is also stated that the charges in many of the other states in the country including Haryana, Telangana, and Uttarakhand are within the same range. therefore I do not find any reason to pass an interim order

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Sreekumar urges that those willing can abide by Rs 500 cap; others may not be compelled, no coercive action may be taken

Sreekumar: By Exhibit p 11, we are compelled.

Court declines to grant interim relief.

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[FULL STORY] Kerala High Court declines to grant interim relief in private labs' challenge to Rs 500 cap for RTPCR Tests in Kerala

report by @meera_emmanuel

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#COVID19India

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