Jaideep Ahuja vs Govt, Of N.C.T Of Delhi & Anr

D.N.Patel, CJ

C.M.No.15332/2021 (exemptions from filing attested affidavits & court fee)

For the reasons stated in the application and in view of the present prevailing situation, the present application is allowed. However, the applicant is

directed to file duly signed and affirmed affidavits within a period of one week and the requisite Court fee within a period of 72 hours from the date of

resumption of regular functioning of the Court.

The application is disposed of.

W.P.(C) No.4999/2021

This public interest litigation has been preferred with the following prayers:-

“a) Issue a writ of mandamus to the Respondents directing the Respondents to formulate a policy to ensure that all Patients suffering from Covid-

19 associated symptoms and who are in need of hospitalization on account of falling SPO2 levels shall be hospitalized and provided with the

appropriate treatment immediately on the basis of prescription of a registered medical practitioners and without insisting on a RT-PCR positive test

result;

b) Issue a writ of mandamus to the Respondents to add more testing centres and upgrade the infrastructure for streamlined collection of samples for

RT-PCR;

c) Issue a writ of Mandamus and/or any other appropriate writ/direction/order to the Respondents to ensure strict compliance of the RT-PCR report

timelines fixed by this Hon'ble Court, failing which strict action shall be taken against the relevant pathology Laboratories; and

d) Pass any other or further order as may be deemed fit in the facts and circumstances of the present case.â€​

We have heard the learned counsel for the parties.

It is submitted by the learned counsel appearing for the respondent - Government of NCT of Delhi that on 23rd April, 2021, Special Secretary,

Health and Family Welfare Department, Government of NCT of Delhi has already issued necessary directions inter alia that admissions of the

patients in the hospitals shall be made without insisting on RT-PCR ‘positive’ test reports. It is also submitted by the learned counsel for

Government of NCT of Delhi that such patients who do not have RT-PCR positive test reports but have symptoms associated with Covid-19 are

directed to be kept in a dedicated area for suspected cases. It is further submitted that the said directions dated 23rd April, 2021 have already been

circulated to all the concerned hospitals/medical centres situated in Delhi.

In view of the aforesaid submission made by the learned counsel for the Government of NCT of Delhi and in view of the said circular dated 23rd

April, 2021, we see no reason to issue any further directions to the respondents. However, we direct that the orders/directions issued by the

Government be followed scrupulously by the concerned hospitals/medical centres. The Government of NCT of Delhi shall also take steps to widely

circulate and make the public aware of the aforesaid circular dated 23rd April, 2021.

Looking to the sudden surge in the number of Covid-19 cases, we hereby request the respondent/Government of NCT of Delhi to have more testing

centres and to upgrade the infrastructure for streamlining the sample collection for RT-PCR test in order to ensure that the timeline fixed for the RT-

PCR report may be complied with. The needful be done within a period of three days and an affidavit of compliance be filed.

With these observations, this writ petition is disposed of.