The High Court of Telangana on Tuesday reserved its order on a plea challenging the State Government’s decision that COVID 19 tests and treatments be undertaken only at state run hospitals.
The division bench comprising Justice MS Ramachandra Rao and Justice L Lakshman was hearing a PIL filed by a resident of Nacharam, Ganta Jai Kumar seeking directions to allow eligible private hospitals with essential facilities to conduct COVID 19 tests at their laboratories.
Advocate Peri Prabhakar, appearing for the Petitioner submitted that a citizen has the right to choose a hospital of their choice and the decision of the State Government compelling the people to get themselves tested and treated at government hospitals amounted to infringement of their rights.
He further urged the bench to issue a directive to allow those who were able to afford to go to private hospitals and diagnostic laboratories. Moreover, he pointed out that the ICMR had granted permission to 12 private laboratories in the State to conduct COVID 19 tests, however they were unable to conduct tests until the State Government permitted them.
Advocate General BS Prasad appearing for the State Government on the other hand submitted that the state was exercising reasonable restrictions since the private hospitals charge a lot of fees for the tests whereas at government hospitals the test are conducted free of cost.
The bench agreeing with the contentions put forward by the petitioner observed that private hospitals have better facilities as compared to government hospitals and those who were able to afford should be allowed to get themselves tested at such private laboratories and this would lessen the burden of the state to a certain extent.
-India Legal Bureau