The Gujarat High Court has questioned the state government’s decision to not allow private laboratories to conduct COVID-19 tests, saying whether this is meant to “artificially control” the data of number of coronavirus cases in the state. It has directed the state to procure maximum testing kits to enable both private and government hospitals to carry out coronavirus tests at government rates.

A division bench of Justices J B Pardiwala and I J Vora in its order on Friday also said the argument that “more number of tests will lead to 70% of the population testing positive for coronavirus, thereby leading to fear psychosis,” should not be a ground to refuse or restrict the testing.

It directed the government to dispel panic among the public by way of publicity, and ensure home isolation is adhered to.

The court said testing must be mandatory prior to discharge of a COVID-19 patient, as the Indian Council of Medical Research (ICMR) guideline for doing away with tests for patients with mild, moderate or no symptoms for three or more days is not explained by “scientific data, or research or reasoning“.

The court questioned the Gujarat government for not allowing private laboratories, even the ones earlier permitted, to conduct RT-PCT (real-time reverse transcription polymerase chain reaction tests), saying it raises the issue whether the government was trying to “artificially control the data qua (in relation to) the number of cases in the state“.

This raises the question whether these 12 private laboratories as well as 19 government labs are “sufficient and good enough” to conduct COVID-19 tests, it said.

The court said any laboratory that fulfils the criteria related to infrastructure and can get registered with the National Accreditation Board for Laboratories (NABL) should be permitted to conduct these tests.

The rates for testing by private laboratories must have a ceiling cap, which in the present case is ₹4,500, the high court said.

The Gujarat High Court has questioned the state government’s decision to not allow private laboratories to conduct COVID-19 tests, saying whether this is meant to “artificially control” the data of number of coronavirus cases in the state. It has directed the state to procure maximum testing kits to enable both private and government hospitals to carry out coronavirus tests at government rates.

A division bench of Justices J B Pardiwala and I J Vora in its order on Friday also said the argument that “more number of tests will lead to 70% of the population testing positive for coronavirus, thereby leading to fear psychosis,” should not be a ground to refuse or restrict the testing.

It directed the government to dispel panic among the public by way of publicity, and ensure home isolation is adhered to.

The court said testing must be mandatory prior to discharge of a COVID-19 patient, as the Indian Council of Medical Research (ICMR) guideline for doing away with tests for patients with mild, moderate or no symptoms for three or more days is not explained by “scientific data, or research or reasoning“.

The court questioned the Gujarat government for not allowing private laboratories, even the ones earlier permitted, to conduct RT-PCT (real-time reverse transcription polymerase chain reaction tests), saying it raises the issue whether the government was trying to “artificially control the data qua (in relation to) the number of cases in the state“.

This raises the question whether these 12 private laboratories as well as 19 government labs are “sufficient and good enough” to conduct COVID-19 tests, it said.

The court said any laboratory that fulfils the criteria related to infrastructure and can get registered with the National Accreditation Board for Laboratories (NABL) should be permitted to conduct these tests.

The rates for testing by private laboratories must have a ceiling cap, which in the present case is ₹4,500, the high court said.