RT PCR Tests - Consider Possibility Of State-Owned Corporation Supplying Materials To Private Labs : Kerala High Court

The Kerala High Court recently directed the State to consider the possibility of Kerala Medical Services Corporation Ltd supplying necessary materials to private laboratories to conduct RTPCR tests at reasonable rates.The Court passed the interim order in a plea challenging the government order dated 30th April 2021 revising the cost of RTPCR tests in the State. Justice T.R Ravi after considering the matter also directed the petitioners to submit a list of the materials that they would require for conducting the RTPCR test to the Kerala Medical Services Corporation Ltd. along with the required quantity.The matter has been listed after two weeks.A group of ten private laboratories had earlier moved the Court against the decision of the State government imposing a cap on the RTPCR rates of Rs. 500. Prior to this decision, they were sold for Rs. 1700 in the State. The petitioners also sought a stay on the operation of the said order all proceedings pursuant thereto pending disposal of the writ petition. However, a Single Bench as well as a Division Bench of the Court refused to stay the order. The Division Bench had permitted the legal and factual contentions to be raised before the single Judge hearing the writ petition, thus this petition.The State justified its stand with the argument that the cost of the kits and consumables to carry out the RTPCR tests have come down and that similar rates were charged in States like Haryana, Telengana, Uttarakhand and Odisha. The order also explained that the rates arrived by the Kerala Medical Services Corporation Ltd. for one RTPCR test through static and mobile RTPCR labs was 448.20.On the other hand, the petitioners argued that this price cannot be relied upon since the Corporation purchases in bulk and hence will get the necessary materials at a much lesser cost than the price at which the petitioners will be able to procure.On this aspect, the Court questioned the respondents if they could supply the necessary materials to the petitioners at reasonable rates so that the cost fixed as per the order could be made commercially viable for the labs.The petitioners were pleased with this proposition citing that if the rates at which the 4th respondent may be able to supply to them are considerably less so as to make the testing commercially viable, they will not have any serious reservations.The State and the Corporation were accordingly directed to consider this proposition and submit before the Court the possibility of its implementation along with the cost at which they will be able to do so. Similarly, the petitioners were to submit a list of the materials that they would require to conducting the RTPCR test and the approximate volumes that would be required to the Corporation so that it can arrive at a competitive price.Senior Advocate P. Raveendran appeared on behalf of the petitioners, and Advocate General Gopalakrishna Kurup represented the State in the matter.Case: Devi Scans (P) Ltd & Ors. v. State of Kerala & Ors. Click Here To Read Order

RT PCR Tests - Consider Possibility Of State-Owned Corporation Supplying Materials To Private Labs : Kerala High Court

Hannah M Varghese

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