Plea In Delhi HC On ICMR Advisory Barring Second RT-PCR Test

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The Delhi High Court on Tuesday issued a notice to the Central Government, Indian Council of Medical Research (ICMR), and Delhi Government on a plea that challenged an ICMR advisory which stated that the RT PCR test must not be repeated for the second time on any Covid patient.

A division bench comprising Chief Justice DN Patel and Justice Jyoti Singh sought a response from the Centre, ICMR, and Delhi Government and list the matter on August 7 for further hearing.

The ICMR had issued an advisory which stated that RT PCR tests must not be repeated on any individual.

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Advocate Karan Ahuja who filed the petition said that he along with his parents tested positive for SARS-CoV-2 (COVID-19) on April 28 and remained under home isolation for 17 days as per guidelines issued by Delhi Government.

Advocate Ahuja further added that Civil Defence guards deployed outside his house did not even allow his family to step out and get basic essentials without a negative COVID-19 report.

Therefore, the petitioner and his family also went to the nearest dispensary to get tested, however, the medical staff refused to admit that tests on COVID-19 positive people are not allowed.

Advocate Ahuja said that denial of a public medical facility is violative of his fundamental rights under Article 14 and Article 21 of the Indian Constitution.

Hence, Ahuja urged the court to allow him and his parents to get COVID-19 test.

He said, “The said advisory is arbitrary, discriminatory and creates a paradoxical situation since a negative RT PCR report is compulsorily required by several other notifications issued by the respondents”.

He further urged to strike point No. (i) under the measures recommended to optimise RT PCR in the Advisory which is dated May 4, 2021, issued by Respondent No. 2 which reads, “RT PCR test must not be repeated in any individual who had tested positive once either by RAT or RTPCR.”

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