Kerala High Court Quashes GO Fixing RT-PCR Rates For Private Laboratories Across State

The Kerala High Court on Monday set aside a Government Order which brought down the price of RT PCR tests from Rs. 1700 to Rs. 500 at all private laboratories across the State.

Justice TR Ravi also directed the State to fix a new rate for RT PCR tests conducted by the private laboratories after discussing with the owners or representatives of the labs within three weeks.

The Court issued the order in a couple of petitions filed by Accredited Molecular Testing Laboratories and Devi Scans (P) Ltd respectively, seeking to set aside the impugned Government Order.

Advocate Paul Jacob appearing for the petitioners had contended that the State had no power to issue an order fixing rate for tests in private labs, thereby alleging that the said order was issued without jurisdiction and in violation of principles of natural justice.

The petitioners had further argued that the average cost of conducting an RT-PCR test incurred by them as per the present norms and quality standards adds up to around Rs 1500 per test. Any revision in the existing rates would detrimentally affect their interest as well as the quality of the RT-PCR test, they added.

According to the petitioners, although cheaper testing kits are available in the market, they may not bring accurate results.

They had alleged that the government issued the order unilaterally and without affording them a chance of being heard. The petitioners also pointed out that criminal cases were being initiated against those who refuse to function at a loss.

The Court accordingly allowed the petitions. 

Case Title: Accredited Molecular Testing Laboratories v. State of Kerala 

Click Here To Read The Order