The Bombay High Court on Friday observed that testing kits must be used rationally, but refused to direct the State government and civic authorities to do away with the requirement of a prescription by a medical practitioner as a prerequisite for COVID-19 tests.

A Division Bench of Chief Justice Dipankar Datta and Justice KK Tated was hearing a petition filed by Narendra Murkumbi, co-founder of Shree Renuka Sugars, one of the largest sugar producers in India. The plea sought direction to the State government, Central government, the Brihanmumbai Municipal Corporation and the Indian Council for Medical Research (ICMR) to do away with the production of a prescription or certificate of a medical practitioner as a pre-condition to test for COVID-19.

The court also refused to issue an order allowing access to COVID-19 testing for all, including asymptomatic people or those who haven’t come in contact with positive patients.

The petition had said testing for all would flatten the curve by ensuring the timely detection of COVID-19 cases and containing the spread of the virus.

It would also ensure the protection of people’s rights under the Constitution, the petition said. “Currently, the public is being denied quick and timely access to medical attention, which in many cases has resulted in the loss of human life,” the plea said.

‘Violation of rights’

The PIL stated that conditions imposed by ICMR and the Union Ministry of Health and Family Welfare as per the March 31 guidelines were in violation of fundamental rights, including Articles 14 (equality before the law) and 21 (right to life).

After hearing the plea, the High Court observed, “We are of the prima facie opinion that there has to be a rational use of testing kits and the present situation is not such warranting grant of interim relief.”