COVID 19: High Court Asks Delhi Govt To Publish Standards Of Blood Sample Collection In Consultation With ICMR

The Delhi High Court has recently asked the Delhi Government to publish requisite standards as to the collection of blood sample for conducting COVID 19 related tests in consultation with Indian Council of Medical Research (ICMR) within a week.

Justice Najmi Waziri also said that the ICMR will highlight on it's website as to how much blood sample is permitted to be collected for conducting the Covid related tests.

The Court was dealing with a contempt plea filed by one Dr. Rohit Jain raising two issues. First, that there was no monitoring by the Delhi Government of the the aggregators who were rendering service in the city apropos Covid related tests and two, the service providers who may be located outside the city were operating without any supervision by any authority statutory agency or government and that such commercial activity could have an unfortunate consequences upon the health and safety of citizens and curtailment of the pandemic in the city.

The Court observed that there was no mechanism of oversight by the State Government, apropos who collects blood samples in the city regarding such tests or services.

"It would be in the fitness of things that a re-assurance to the residents of Delhi, if the GNCTD were to formulate and operationalize a regime for surprise checks, inspections and audits as may be appropriate," the Court said.

It added "This should be done to ensure that: i) the services are being rendered by persons qualified to collect the samples; ii) the samples so collected are properly stored; iii) that the samples reach the laboratories within the stipulated time; (iv) the tests are then conducted within the stipulated time and; v) the test report is then promptly disseminated to the part(ies) concerned. In view of the exigent circumstances, this timeline and methodology could well be formulated by the GNCTD under through its executive powers including under the National Disaster Management Act, 2005."

While the counsel appearing for the Delhi Government sought time to obtain instructions in the matter, Senior Additional Advocate General for the State of Haryana Anil Grover submitted that the enquiry was done regarding the complaint or communication received from the Delhi Government regarding one entity, which was stated to have been rendering such services in Delhi, allegedly without due authority or license.

He also apprised the Court that the matter was looked into and the response had been submitted to the Delhi Government to the effect that the said entity had all the requisite permissions and that its testing laboratory was as per requisite parameters set and approved by National Accreditation Board for Testing and Calibration Laboratories (NABL).

He further assured the court that the State of Haryana would ensure that entities rendering services to residents of Delhi or anywhere else will be duly monitored to ensure that they maintain the standards as required.

At the outset, the counsel appearing for the petitioner submitted that there was no clarification regarding any standards as to the collection of such blood sample and the requisite quantum of the blood that should be drawn for the tests to be conducted.

"Let the GNCTD in consultation with the Indian Council of Medical Research (ICMR) publish the requisite standards within one week," the Court ordered.

It added " The ICMR will highlight, on its website, as to how much blood sample, etc. is permitted to be collected for conducting the Covid related tests."

The matter will now be heard on May 9.

Case Title: DR ROHIT JAIN v. SH VIJAY KUMAR DEV & ORS.

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