We will not change Covid-19 testing policy: Gujarat to HC

Says allowing unrestrained testing could lead to fear psychosis; also cites expert panel’s report, ICMR guidelines to support decision

The state government has made it clear that its policy to not allow private laboratories to conduct tests simply on the basis of prescription by doctors will not be changed. As per its latest guidelines, permission for testing would have to be taken from government-appointed health officers. It has argued that any change in that policy can lead to fear psychosis among the public. It also cited a report by three prominent doctors of the city advising in favour of the policy.

Earlier, the bench of justices JB Pardiwala and IJ Vora had asked the state government to conduct tests of people through private laboratories, in response to a PIL filed by city-based Pritesh Shah through his lawyer Parth Contractor.

In its reply on Thursday, the government stated that it has taken the decision to restrict testing through private laboratories as per guidelines by the Indian Council of Medical Research (ICMR).

It added that it had formed a committee of medical oncologist Dr Pankaj Shah, cardiologist Dr Tejas Patel and infectious disease specialist Dr Atul Patel on May 25 to ascertain the necessity for testing. The committee gave its opinion the next day, which was in consonance with the ICMR guidelines, as per the reply.

‘No intention to hide data’

The government further clarified that the decision was not aimed at hiding data of positive Covid patients. “The stand of the state government is in tune with the prevalent policy of ICMR and that it has no relevance or connection with the so-called artificial control of data regarding the number of cases in the state. However, at the same time, the likelihood of fear psychosis being crept in cannot be ruled out, if the Covid testing is allowed in all asymptomatic cases just for acquiring a feeling of safety and security,” it stated.

HC to hear PIL on restricted testing today

The high court will also hear a PIL filed by Ahmedabad Medical Association (AMA) challenging the decision to not allow testing at private laboratories without consent of government officials on Friday. The notification in this regard was issued on May 17.

The ICMR has granted permission to 12 private laboratories in Gujarat to conduct RT-PCR tests. But according to the PIL, since the last week or more, the state government is not giving permission to private labs to conduct RT-PCR tests without its approval. These approvals, according to the PL, were being withheld for no justifiable reason. It said such orders were arbitrary, illegal and without the authority of law and were in violations of Articles 14 and 21of Indian Constitution, the PIL contended.

“The argument that more number of tests could lead to 70% of the population testing positive for Covid, thereby leading to fear psychosis should not be a ground to refuse or restrict testing,” the bench of justice JB Pardiwala and IJ Vora had cited in its order. “All laboratories able to fulfill the prescribed criteria qua the infrastructure must be granted the permission and must be permitted to conduct the RTPCR tests. Everyone must be permitted to have a Covid test done,” the court said.