Rajan Gupta, J. -

1. Case has been taken up on Video Conferencing in view of COVID-19 Pandemic.

CRM-W-639-2021 & CRM-W-640-2021

2. After arguing at some length, learned counsel for the applicant submits that he may be allowed to withdraw this application with liberty to agitate his grievance by seeking appropriate remedy available to him.

3. Dismissed as withdrawn with aforesaid liberty.

CRM-W-642-2021

4. In view of order passed in CRWP-242-2021 by us today, instant application is mis-conceived. Same is hereby dismissed.

CRM-W-643-2021

5. Learned counsel for the applicant submits that he may be allowed to withdraw this application with liberty to submit a detailed representation before the District Administration. A copy thereof be supplied to Mr. Baldev Raj Mahajan, Advocate General, Haryana. Mr. Mahajan submits that as soon as copy of the representation is received, he shall get the same examined and take appropriate action, if circumstances so warrant.

6. Dismissed as withdrawn with aforesaid liberty.

CRM-W-560-2021 in/& CRWP-242-2021

7. The case has been taken up today. Mr. Khosla, learned amicus curiae inter alia raised the issues of overcharging for CT scan, HRCT (chest), regulatory mechanism for rates to be charged by various laboratories, spread of black fungus and the corporate response under CSR which this court had referred in its order dated May 21, 2021.

8. Mr. Chandail, learned counsel appearing for the U.T. Chandigarh at the outset submits that in view of the last order passed by this court rates for HRCT (chest) have been reduced to Rs. 1800/- by the private diagnostic centers. The rates for RT-PCR test is Rs. 900/- and that for RAT is Rs. 500/-. According to him, certain cases of black fungus have been detected in the U.T. Chandigarh which are being dealt with.

9. Mr. Mahajan, learned Advocate General, Haryana submits that in all Governments hospitals, CT scan facility is being provided free of cost. However, in private centers, HRCT (chest) is being charged @ Rs. 2100/-. As regards spread of black fungus, State Level Committee has been constituted. It has been declared an epidemic vide order dated 16.05.2021 and is now being dealt with on warfooting by the Committee. He submits that under CSR, some contributions have been received which are being utilized to deal covid pandemic situation.

10. Mr. Atul Nanda, learned Advocate General, Punjab has responded to the issue of preventive measures to curb spread of disease of black fungus. He submits that overuse of steroids particularly in diabetic patients often leads the patients to be infected by the black fungus as well. According to him, an expert committee has examined the issue at length and issued advisories in this regard. Besides, drug known as Amphotericin B has been procured but State is still falling short of the requisite demand for which intervention of Union of India is required. As regards oxygen containers, on instructions from Director, Health Services, Punjab, he submits that some containers have been arranged by the State of Punjab on its own which has taken care of the situation at present. According to him, the positive rate in the State of Punjab in urban areas has come down to 2.98% and rural areas to 3.74%. He further submits that the State Government has stipulated that private labs in Punjab would not charge more than Rs. 350/- (including GST) for the Rapid Antigen Test (RAT) and Rs. 450/- (including GST) for the RT-PCR test.

11. Mr. Anupam Gupta, learned senior counsel has referred to observations of the Supreme court in the judgment reported as Navtej Singh Johar & ors v. Union of India, 2018 (10), SCC, 1 and has referred to para 495 thereof. Same reads as under:-

"495. The jurisprudence of this Court, in recognizing the right to health and access to medical care, demonstrates the crucial distinction between negative and positive obligations. Article 21 does not impose upon the State only negative obligations not to act in such a way as to interfere with the right to health. This Court also has the power to impose positive obligations upon the State to take measures to provide adequate resources or access to treatment facilities to secure effective enjoyment of the right to health."

12. Though Mr. Gupta submits that commendable efforts have been made by all the three States for reduction of rates of various tests, CT scan even medicines and initiate action against the hospitals who have overcharged as also the deviant sections of the Society who have not abided by the Instructions issued by the State Governments yet, certain fact finding enquiries were instituted against certain hospitals who were allegedly fleecing innocent citizens. According to him, enquiry reports need to be examined by this court. Another significant issue raised by him is that all hospitals ought to have an ICU Control Room in order to ensure that relatives of the patients remain in regular touch with them and are aware of their medical condition. According to him, such ICU Control Room has been created in the PGIMER, Chandigarh under the instructions of the Health Ministry, Government of India. If such instructions are issued that would be in consonance with the mandate of Article 21 of the Constitution of India and the observations of the Supreme Court in Navtej Singh Johar's case (supra).

13. After hearing all the counsel, we feel that appropriate measures are being taken by all the State Governments within the jurisdiction of this court to deal with the pandemic. However, there are certain issues which not only need consideration but our intervention. We thus direct as hereunder:-

(i) the rates for RAT and RT-PCR tests in all the three States need to be uniform. Taking a cue from the rates prescribed by the State of Punjab, we feel that State of Haryana and U.T. Chandigarh need to reconsider the rates prescribed and act accordingly;

(ii) Admittedly, U.T. Chandigarh has reduced the rates for HRCT (chest) charged by the private diagnostic centres to Rs. 1800/- which we find is reasonable. We hope and trust that State of Punjab and State of Haryana shall impress upon private diagnostic centres situated in their respective jurisdictions to reduce the rates for HRCT (chest) on the similar lines;

(iii) we also find that the ICU Control Rooms are a necessity as relatives of the patient cannot be left in the state of anxiety if information regarding the medical condition of their kith and kin, who are admitted in the ICU, is not available to them. This also leads to complaints by the relatives of the patients and the consequent fact finding inquires. We, thus feel that State Government(s) need to issue necessary directions in this regard on the analogy of PGIMER, Chandigarh and other reputed institutions;

(iv) as regards the issue of ventilators, counsel for the U.T. Chandigarh has informed the court that 14 ventilators have been issued yesterday evening. State of Punjab submits that request for more ventilators particularly for pediatric use has been made to Government of India and same needs to be considered. Mr. Jain, learned Additional Solicitor General of India submits that needful shall be done without any delay. He further submits that if any further request is received from U.T. Chandigarh or State of Haryana in this regard, same shall also be considered forthwith and necessary steps taken;

(v) As regards the fact finding enquiries in respect of overcharging by some private hospitals, same be also furnished to the Nodal Committees. A copy thereof be kept by the concerned authority in a sealed cover. At the appropriate stage, this court may call for such report and examine the same to consider whether further action needs to be initiated.

(vi) This court also feels that guidelines issued by UOI for Screening, Diagnosis & Management of Mucormycosis be examined by all the States and necessary steps be taken.

(vii) Lastly this court shall be failing in its duty if it does not recognize the work done by front line workers who have rendered their services in this need of hour. At the same time, those who shirk their duties in these difficult times, their particulars shall be furnished to the Nodal Agencies formed to deal with crises created by covid-19 which this court shall examine at the appropriate stage.

To come up on 28.06.2021.