Allow pvt labs to use rapid antigen tests: HC to govt

The Delhi High Court on Monday asked the Delhi government why it was not allowing private labs or private hospitals dealing with Covid-19 patients to conduct rapid

The Delhi High Court on Monday asked the Delhi government why it was not allowing private labs or private hospitals dealing with Covid-19 patients to conduct rapid antigen tests, which might ease their work, while also observing that the government had failed to meet its own target of conducting 22,000 rapid antigen tests in 11 districts of the city every day.

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A bench of justices Hima Kohli and Subramonium Prasad said that it was “abysmal” for the government to set such estimates after the Delhi government additional standing counsel Satyakam said that they had targeted conducting 22,000 rapid antigen tests per day (2,000 tests in each of the 11 districts), only in the containment zones.

Advocate Satyakam, the additional standing counsel of the Delhi government, told the court that on June 18, a total of 15,012 samples were collected in Delhi, of which 7,040 samples were tested through the rapid antigen detection test and 7,972 through the RT-PCR test. He submitted that as on June 21, 13,345 samples were collected, of which 9,356 samples were tested through the rapid antigen test and 3,989 samples through the RT-PCR test.

To this, the court said, “This is even less than 50% of the estimated amount. Your estimates should be reasonable. Why can’t you allow antigen testing in all private places?”

Rakesh Malhotra, the advocate for the petitioner, also submitted that patients coming to the emergency department should also be tested using the antigen method.

The counsel for the Delhi government sought time from the court stating that the new testing procedure has been started on a trial basis and a week’s time be given to understand its functioning.

The court was hearing a plea filed by a lawyer, Sanjeev Sharma, through his counsel Rakesh Malhotra, who contended that there have been several instances where non-Covid patients needing surgery or other procedures were asked to undergo testing, but the hospital concerned did not conduct the test since they did not have the government’s permission.

The government also filed a status report in the matter addressing several issues raised by some private labs. In the report, it said that Sir Ganga Ram Hospital “insisted on being treated differently” while blaming the hospital for its non-registration on the RT-PCR portal.

the government said that the reason for the hospital’s non-registration on the RT-PCR portal was that the hospital had issues with human resources as its employees were not able to report for work due to travel restrictions imposed by neighbouring states.

“It was sheer reluctance on the part of the hospital to follow guidelines; in fact, they stopped processing samples only after an FIR was filed, and not after the notice dated June 3. The hospital, curiously, wanted an exception by virtue of being a big hospital while advocating that the rules be followed by “small labs”. The hospital only relented after the government was forced to take stringent measures in the form of an FIR,” the government told the court.

The government report said that it was compelled to take action and after adequate assurance and action, the lab has been permitted to process samples.

“A similar order in respect of other labs were remedied within three days but for this establishment, because it insisted on being treated differently. It is submitted that the action taken by the government was imperative as it is the duty of the government to ensure compliance of the rules and guidelines…[sic],” the report read.

The Delhi government also told the court that private labs in the city had promised to test 7,220 samples per day, however, they have been testing only 2,030 samples per day. On the last date of hearing (June 19), the court had asked the committee constituted by lieutenant governer Anil Baijal to look into the grievances of the private labs.

The court directed that fresh affidavits be filed by the concerned authorities and posted the matter for hearing on June 25.