SUPREME COURT OF INDIA

DIVISION BENCH

SHASHANK DEO SUDHI — Appellant

Vs.

UNION OF INDIA AND OTHERS — Respondent

( Before : Ashok Bhushan and S. Ravindra Bhat, JJ. )

Writ Petition No…….of 2020 (D. NO.10816/2020)

Decided on : 13-04-2020

COVID-19 Testing- Free testing for COVID-19 shall be available to persons eligible under Ayushman Bharat Pradhan Mantri Jan Aarogya Yojana, and any other category of economically weaker sections of the society as notified by the Government for free testing for COVID-19 – In view of the discussion, the order dated 08.04.2020 ( Shashank Deo Sudhi vs. Union of India) is clarified and modified in the following manner:

(i) Free testing for COVID-19 shall be available to persons eligible under Ayushman Bharat Pradhan Mantri Jan Aarogya Yojana as already implemented by the Government of India, and any other category of economically weaker sections of the society as notified by the Government for free testing for COVID-19, hereinafter.

(ii) The Government of India, Ministry of Health and Family Welfare may consider as to whether any other categories of the weaker sections of the society e.g. workers belonging to low income groups in the informal sectors, beneficiaries of Direct Benefit Transfer, etc. apart from those covered under Ayushman Bharat Pradhan Mantri Jan Aarogya Yojana are also eligible for the benefit of free testing and issue appropriate guidelines in the above regard also within a period of one week.

(iii) The private Labs can continue to charge the payment for testing of COVID-19 from persons who are able to make payment of testing fee as fixed by ICMR.

(iv) The Government of India, Ministry of Health and Family Welfare may issue necessary guidelines for reimbursement of cost of free testing of COVID-19 undertaken by private Labs and necessary mechanism to defray expenses and reimbursement to the private Labs.

(v) Central Government to give appropriate publicity to the above, and its guidelines to ensure coverage to all those eligible.

Advocate

Amaresh Yadav

Supreme Court of India

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