Accredited Molecular Testing Laboratories vs. State Of Kerala
Held
The Court held that the government order fixing the reduced rate for RT-PCR tests was unsustainable as it was issued without proper discussion with the private laboratories. The Court set aside the impugned orders and directed the government to reconsider the rates after discussion.
Facts
Private diagnostic laboratories challenged government orders that re-fixed the rates for RT-PCR tests, leading to a significant reduction in charges. They sought to quash these orders and sought reimbursement for losses incurred due to the reduced rates.
Key Issues
Whether the State Government has the authority to fix RT-PCR test rates without consulting private laboratories. Whether the government's fixation of rates was arbitrary and lacked due process.
Sections Cited
Section 20, Section 24, Section 65, Disaster Management Act, 2005
AI-generated summary — verify with the full judgment below
W.P.(C)Nos.10997 & 11632 of 2021 1 “CR” IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 4TH DAY OF OCTOBER 2021 / 12TH ASWINA, 1943 WP(C) NO. 10997 OF 2021 PETITIONERS: 1 DEVI SCANS (P) LTD KUMARAPURAM, TRIVANDRUM - 695011, REP. BY ITS MANAGING DIRECTOR, MR. NISARUDEEN. 2 JEEVA SPECIALTY LABORATORY M.G. ROAD, THRISSUR, KERALA - 680004, REPRESENTED BY ITS MANAGING PARTNER, MR. C. BALACHANDRAN. 3 MEDIVISION SCAN AND DIAGNOSTIC RESEARCH CENTRE PVT LTD GROUND FLOOR, MERCY ESTATE, M.G. ROAD, RAVIPURAM, KOCHI - 682016, REPRESENTED BY ITS DIRECTOR, MR. BERLY CYRIAC. 4 R-CELL DIAGNOSTICS AND RESEARCH CENTRE 27/29E, FCC BUILDING, NEAR FEDERAL BANK TOWER, ARAYIDATHUPALAM, KOZHIKODE, KERALA - 673016, REPRESENTED BY ITS MANAGING PARTNER, MR. RUSSEL MOHAMMED. 5 SAROJ DIAGNOSTIC LABORATORY OLIVE ARCADE, MALAPARAMBA JUNCTION, NEAR ASCENT ENT HOSPITAL, KOZHIKODE, KERALA - 673009, REPRESENTED BY ITS PROPRIETOR, MR.ARUN JYOTHISH K.C. 6 AZA DIAGNOSTIC CENTRE STADIUM PUTHIYARA ROAD, OPP TO SABHA SCHOOL, CALICUT, KERALA - 673004, REPRESENTED BY ITS PARTNER, MR. JAVED ISLAM. 7 ASWINI DIAGNOSTIC SERVICE CHINTHAVALAPPU JUNCTION, JAIL ROAD,
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