Circulate decision that Covid+ result not mandatory for hospitalisation: Delhi HC to Gov’t

The AAP government had issued a circular on April 23 stating that hospitals need not ask for positive Covid results if patient shows Covid symptoms


Chief Justice DN Patel of the Delhi High Court has directed the Delhi government to circulate its decision directing hospitalisation of patients showing Covid-19 symptoms even without a positive RT-PCR test report.

According to Bar & Bench, the Bench also comprising Justice Jasmeet Singh ordered that all Delhi hospitals will “scrupulously” follow the government directive. The High Court passed this order on a public interest litigation highlighting that a “lot of hospitals” were not admitting critically ill patients who had Covid-19 symptoms but did not have positive test results.

Senior Advocate Sachin Puri had argued that like Uttar Pradesh, Delhi should also permit admission of patients showing Covid related symptoms without any RT-PCR test report. The Delhi government told the court that its health department had issued a circular on April 23 directing hospitals in the city not to insist on positive test reports to admit patients who are showing symptoms of the Coronavirus infection.

Since the circular has already been issued, the court, according to Bar & Bench, stated that there was no reason to issue any further directions and asked the government to “publicise” the circular widely.

The Division Bench was also informed by the Additional Solicitor General Chetan Sharma and Advocate Amit Mahajan that adequate tests were not being conducted in the National Capital. According to B&B, ASG Chetan said, “When the number of Covid cases were X, 1 lakh tests were conducted. Now cases are 7X and 0.5X tests are being conducted.”

In response to this, the Court ordered, “Looking at the number of cases, we request respondent government (GNCTD) to have more testing centres and to upgrade infrastructure for collection of RT-PCR test.”


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