The Kerala High Court on Wednesday directed the State government to expedite the process initiated for fixing the transportation cost of liquid medical oxygen and oxygen inhalation (medical gas) in cylinders.
Justice P.B. Suresh Kumar also directed the State government to devise a mechanism to ensure that the medical oxygen suppliers complied with the order issued by the Union Ministry of Chemical and Fertilisers which prescribed a maximum price (ex-factory), including Goods and Service Tax, for liquid medical oxygen at ₹15.22 a cubic metre and oxygen inhalation (medicinal gas) in cylinders at ₹25.71 a cubic metre.
Plea by hospitals
The court passed the interim order on a writ petition filed by the Kerala Private Hospitals Association seeking to restrain the suppliers of medical oxygen from increasing the prices of medical oxygen. The petitioners contended that the State government was not enforcing the order of the Union Ministry of Chemical and Fertilisers, as a result of which, the hospitals as well as the patients who need oxygen support for treatment of COVID-19 were put to hardship.
Lacks regulatory mechanism
The State government submitted that there was no regulatory mechanism for the effective implementation of the order. In fact, the order could not be effectively implemented unless the transportation cost charged by the manufacturer/supplier of oxygen was fixed. The State government had, therefore, constituted a committee consisting of the Drugs Controller, Controller, Legal Metrology Department, a representative of Petroleum and Explosives Safety Organization (PESO), and the General Manager of the Kerala Medical Services Corporation (KMSCL) for deciding the transportation cost and for monitoring the effective implementation of the orders issued under the Drugs (Prices Control) Order, 2013.
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