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The Gujarat High Court has applied for the filing of the Indian Council of Medical Research (ICMR).
A bench consisting of Chief Justice Vikram Nath and Justice J B Pardiwala filed the following questions in the ICMR.
What is the goal of the support for his exploration policy?
How does ICMR require that private hospitals / toilets be approved? We would like some insights from the ICMR regarding the procedure that needs to be done in private hospitals / research centers for the purpose of conducting the COVID19 trial.
What are the ICMR guidelines for the assessment of private workplaces?
That the guidelines issued by the ICMR are legal in nature?
Whether such ICMR guidelines are binding on the State Government or are they only environmentally friendly?
That without receiving any medication from any Expert, one can go to a private hospital or laboratory for testing?
The bench passed this guide while considering the field of applications by Ahmedabad Medical Association (AMA) and Drs. Mala Devendra Patel challenged the Gujarat government law that prevents private doctors and hospitals from performing COVID-19 tests without obtaining permission from designated health officials.
During the hearing, the bench noted that the ICMR described the COVID-19 trial only for certain patient categories.
Petitioners have argued that it is the right of a citizen to seek a COVID-19 test, which would not violate the State. The appellants also argued that the ICMR had no legal basis and its guidelines were not binding.
After hearing the applicants' argument, the Court stated that they should enter the ICMR as a party to the case.
"We know that the Supreme Court, by virtue of its written power, should not intervene in the administration of policy matters. However, we are dealing with a very serious matter and, at a time," the situation is very serious. In such cases, we would like to continue the matter with the help of ICMR, the State Government and the applicants before us who have raised this issue ", the bench appealed.
The Court also cited the SC's decision in the case of Navtej Johar, as follows, to confirm its intervention:
"This court has the power to place the State in good standing to take steps to provide appropriate services or access medical facilities to ensure the enjoyment of the right to health."
The court also directed the State Government to provide the following information:
[1] How many independent laboratories are there in the State of Gujarat recognized by ICMR / or COVID19?
[2] In what way can a private hospital / laboratory work with ICMR if it intends to conduct the COVID19 trial?
[3] How many laboratories in the State of Gujarat, may not have been selected for the purpose of the COVID-19 test, but, still have knowledge of such tests?
[4] That any pathological / diagnostic test is a fundamental right of citizens? To put it in other words, whether a diagnostic test / diagnosis is one of the hallmarks of health rights as enshrined in Article 21 of the Constitution of India?
[5] That the State Government may change its own policy in accordance with the directive issued by the ICMR in contrast to the fundamental right of its citizens in relation to pathological examination / findings?
The Court also directed that private doctors and hospitals do not have to wait for approval from government authorities when conducting COVID-19 tests on those categories of patients referred to in the guidelines prescribed by the Indian Council of Medical Research (ICMR).
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