Dr Rohit Jain v. Sh Apurva Chandra

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 824/2024 DR ROHIT JAIN .....Petitioner Through:

Ms. Mrinmoi Chatterjee, Adv.

(through vc)

Versus

SH APURVA CHANDRA .....Respondent Through:

Mr. Amit Gupta, SPC, Mrs. Prena Dhall (GP), Advs. for UOI.

Ms. Monika Arora, Mr. Subhrodeep Saha, Mr. Prabhat Kumar, Ms.

Anamika Thakur, Advs. for UOI.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 18.07.2025 1.

Pursuant to previous order dated 28th May 2025, a detailed Status Report has been filed on behalf of respondent/Ministry of Health and Family Welfare, providing the background of the instant case, as well as, effectively listing out the action taken by the respondent Ministry in this regard. 2.

Status Report will be placed on record by counsel for respondent. 3.

Essentially, as per the Status Report, four expert Sub-Committees have been formed comprising specialists from Pathology, Biochemistry, Haematology and Microbiology to formulate 'minimum standards for sample collection and sample transport policy'. The subject experts held detailed internal deliberations, draft minimum standards were technically finalized and vetted by subject experts and the finalized draft minimum standards were approved by the Directorate General of Health Services The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

('DGHS').

4.

The draft minimum standards were to be published in the public domain to invite feedback through a public consultation process. Status Report notes that comments received from the public will be reviewed by the National Council for Clinical Establishments ('NCCE') to assess the merit. 5.

The minimum standards for sample collection and sample transport policy were to be presented before the NCCE. Upon approval of NCCE, the process for notification in the Gazette of India was to be initiated. 6.

It is stated by counsel for respondent that minimum standards as approved by NCCE are in advance stages of being notified in the Gazette of India and are currently under legal vetting by the Legislative Department of Ministry of Law & Justice.

7.

Currently, the following guidelines of ICMR-National Institute of Virology are already in place:

I.

Guidelines for Collection, Packaging and Transport of Specimens for Testing for High-Risk Viral Pathogens (Annexure-R3).

II.

Specimen Collection, Packaging and Transport Guidelines for 2019 Novel Coronavirus (2019-nCoV) (Annexure-R4). 8.

In view of the issue at hand, the Court on the assurance given by counsel for Ministry, on instructions, states that the draft minimum standards shall be notified expeditiously, 9.

The Court is inclined to dispose of the petition with the direction that the minimum standards that have been approved and are only awaiting the notification.

10.

The process may be accomplished within the next three months. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 18, 2025/ak/sp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.