JUDGMENT : Michael Zothankhuma, J. 1. The proceeding is conducted through remote Video Conference. 2. Heard Mr. J.C. Lalnunsanga, learned counsel for the petitioner. Also heard Mr. D. Das, learned Advocate General, Mizoram along with Mr. A.D. Choudhury, learned Additional Advocate General, Mizoram. Ms. Zairemsangpuii, learned CGC appears for the respondent Nos. 5, 6 & 7. 3. This Public Interest Litigation has been filed for a direction to be issued to the respondent Nos. 1 to 4 to set up an RT-PCR diagnostic laboratory in Civil hospital, Lunglei, by installing the RT-PCR machine donated by one Mr. Zodintluanga on 26.06.2020. 4. The Director, Hospital & Medical Education, Mizoram issued letter No. B. 11013/76/2013-CHL/DHME(PP) dated 7.5.2021, addressed to the Medical Superintendent, Civil Hospital, Lunglei, which is to the following effect:- "Subject: Installation of RT-PCR machine. Dear Sir, You are requested to install the RT-PCR machine which was donated by Pu Zodintluanga, MLA at Microbiology Deptt., Lunglei at the earliest. Compliance report is to be submitted to the undersigned." A copy of the above letter dated 7.5.2021 was also given to:- (i) P.S. to Hon'ble Minister, H & FW. (ii) Vice Chairman, Health & Family Welfare Board. (iii) Vice Chairman, HPC. (iv) Special Secretary to the Government of Mizoram, H & FW. (v) Principal Director, H & FW Department/ 5. The petitioner, in this Public Interest Litigation has prayed for a direction to the respondents to comply with the letter dated 7.5.2021 issued by the Director, Hospital & Medical Education, Mizoram for installation of the donated RT-PCR machine at the Civil Hospital, Lunglei. 6. The petitioner's case is that in the preparation for the fight against the Covid-19 pandemic, the Secretary to the Government of Mizoram, Health Department issued Order No. D.33012/41/2020-HFW(ETCL)/90 dated 14.06.2020 (Annexure-1), stating that the competent authority was pleased to detail a team of experts to visit Lunglei, to explore the feasibility for establishing a ''make-shift" Covid-19 RT-PCR diagnostic laboratory at Civil Hospital, Lunglei, to cater to the needs of the 4 Districts of South Mizoram and to fulfill the indication made to that effect by the Minister, Health & Family Welfare Deptt., during early March, 2020. 7. The team of experts visited the Civil Hospital, Lunglei on 15.06.2020 and submitted their recommendation. 7. The team of experts visited the Civil Hospital, Lunglei on 15.06.2020 and submitted their recommendation. The Directorate of Information & Public Relations (DEPR in short) also published a news report dated 15.06.2020 (Annexure-2), which stated that for making the RT-PCR Laboratory functional in the vacant rooms identified in the Civil hospital, Lunglei, at least Rs.100 lakhs would be required, which would include the cost of a new RT-PCR machine. The report submitted by the team of experts is as follows:- 1. Civil hospital Lunglei have Physical infrastructure (Rooms) to host the Covid 19 RtPCR testing Laboratory. 2. The Medical Superintendent Civil hospital Lunglei may prepare the requirements for room renovations and necessary equipment necessary to run this laboratory. 3. We also recommend to cater the expansion of the current truenat Covid 19 testing capacity immediately by adding new and improved machine Since establishing RtPCR Laboratory may take months owing to the current Covid 19 situations in the State and the Country. 4. We recommend the purchase Truelab TM Quattro Real Time Quantitative micro PCR Analyzer which can perform e-gene screening and Rdrp Confirmatory test for Sars-Cov2. This will cater the immediate need of the entire southern Districts of Mizoram. 8. As the donated RT-PCR machine was not being utilized by the respondent Nos. 1 to 4, various NGOs submitted representations to the authorities for installation of an RT-PCR diagnostic laboratory in Civil hospital, Lunglei by making use of the donated RT-PCR machine. 9. The petitioner's counsel submits that in the State of Mizoram, only one RT-PCR laboratory is functioning in Zoram Medical College (ZMC in short) and unless an RT-PCR laboratory is made functional in Lunglei, which would cater to the needs of the people of the four Southern Districts of Lunglei, Siaha, Lawngtlai and Hnahthial, the people of Southern Mizoram would suffer. He also submits that even though the two True Nat Quattro machines donated by ruling party MLAs in June 2021 have already been made functional in Lunglei, for testing of the Covid-19 virus, the RT-PCR machine donated by an opposition MLA in June 2020 has not been functional till date. He submits that the reason for not using the donated RT-PCR machine by the State respondents appears to be politically motivated. He submits that the reason for not using the donated RT-PCR machine by the State respondents appears to be politically motivated. He also submits that in terms of the directions passed by various High Courts of the Country, RT-PCR laboratories have been made functional and this Court should also pass a similar direction. 10. Mr. D. Das, the learned Advocate General appearing for the respondent Nos. 1 to 4 submits that the RT-PCR machine donated by Shri Zodintluanga Ralte has not been bought from his own pocket, but from his MLA fund. He also submits that by including the True Nat Quattro machines that have been donated in June 2021 by Shri C. Lalrinsanga, Minister of Agriculture and MLA Shri Lawmawma Tochhawng, Vice Chairman, Lunglei High Power Committee, there are four True Nat Uno machines and three True Nat Quattro machines at Civil Hospital, Lunglei, which is the testing/diagnostic Centre for the four Southern Districts of the State of Mizoram, i.e. Lunglei, Siaha, Lawngtlai and Hnahthial Districts. He submits that the seven True Nat machines that are in use have a testing capacity of 610 samples per day, while the average testing rate over the last one year in the four districts is 30 samples per day, with a maximum testing rate of 50.66 samples per day. He also submits that as per the guidelines and circulars issued by the Indian Council of Medical Research (ICMR), True Nat test results are at par with the RT-PCR tests. 11. The learned Advocate General also submits that as per the e-mail dated 22.06.2021 issued by a Scientist-E of the Indian Council for Medical Research, in short "ICMR", to the State respondents, it was advisable to have an RT-PCR diagnostic laboratory in a stand-alone building. He also submits that site preparation for construction of a stand-alone building has already started in Civil Hospital, Lunglei and that a concept paper of Rs.7.81 crores, for construction/establishment of an RT-PCR laboratory in Lunglei, vide letter dated 13.5.2021 has already been furnished to the North Eastern Council (NEC) for approval and sanction. He submits that if the concept paper is not approved by the NEC, the State Government will approach the Ministry of Tribal Affairs for funds under the Special Central Assistance Scheme. If the same also does not materialize, the building would be constructed by the State Government from its own funds. He submits that if the concept paper is not approved by the NEC, the State Government will approach the Ministry of Tribal Affairs for funds under the Special Central Assistance Scheme. If the same also does not materialize, the building would be constructed by the State Government from its own funds. He also submits that the laboratory building will be constructed within the campus of the Civil Hospital, Lunglei within a period of 5 (five) to 6 (six) months, w.e.f. June 2021. 12. The learned Advocate General also submits that though the Director, Hospital & Medical Education, Mizoram had directed the Medical Superintendent, Civil Hospital, Lunglei to install the RT-PCR machine in the Microbiology Department, Civil Hospital, Lunglei vide letter dated 07.05.2021, the same was not feasible in view of the subsequent letter dated 13.05.2021 issued by the Medical Superintendent, Civil Hospital, Lunglei, wherein it was stated that among other reasons, the 3 (three) vacant rooms in the 3rd floor identified by the "team of experts" for installation of the RT-PCR machine was adjacent to the Cancer Daycare Centre and Palliative Unit. Further, there was a Medicine Ward, Eye Ward, ENT Ward and Geriatric Ward in the 3rd floor with the same entrance and exit. Also one of the three alleged vacant rooms was not vacant as it was used as a store room by the Ayush Directorate. The learned Advocate General submits that a separate entry and entrance is required for an RT-PCR laboratory, otherwise having the same entrance and exit with other medical wards would be dangerous to the patients residing therein. 13. The learned Advocate General also submits that the Government has no hesitation in shifting the donated RT-PCR machine to the ZMC for testing of samples from the four Southern districts, until the new stand-alone building is constructed. The learned Advocate General also submits that the State had taken a policy decision on 1.7.2020 with the Chief Secretary, Mizoram as Chairman, wherein it was decided to purchase True Nat Quattro Machines for all the districts except Aizawl, as the involvement and manpower requirement for installation of a True Nat machine was less compared to an RT-PCR machine. The learned Advocate General also submits that the State had taken a policy decision on 1.7.2020 with the Chief Secretary, Mizoram as Chairman, wherein it was decided to purchase True Nat Quattro Machines for all the districts except Aizawl, as the involvement and manpower requirement for installation of a True Nat machine was less compared to an RT-PCR machine. The learned Advocate General submits that as a policy decision has been made by the State Government to buy and use True Nat Quattro machines instead of RT-PCR machines, the said policy decision cannot be said to be arbitrary, keeping in view the fact that the test conducted by TrueNat Quattro machines and RT-PCR machines are at par with each other. With regard to his submission that a policy decision of the State Government cannot be interfered with lightly, the learned Advocate General has relied upon the judgments of the Apex Court in the case of BALCO Employees Union Vs. Union of India & Ors., (2002) 2 SCC 333 , Federation of Railway Officers Association & Ors. Vs. Union of India, (2003) 4 SCC 289 and Union of India & Ors. Vs. J.D. Suryavanshi, (2011) 13 SCC 167 . The learned Advocate General prays that as the State respondents are going to establish an RT-PCR laboratory by using the donated RT-PCR machine, the present petition should be dismissed. 14. In the course of arguments, the petitioner's counsel had stated that a sum of Rs. 8.86 crores had been given to the State Government by the Ministry of Health & Family Welfare as assistance to States to fight Covid-19. The learned Advocate General had obtained instructions on the same and submits that the Ministry of Health had earmarked money to different States and Union Territories under the heading "Emergency Covid Response Plan". Though, approximately Rs. 44.30 crores was earmarked for the State of Mizoram, the first instalment of approximately Rs. 8.8 crores would most probably be released by August 2021 through the National Health Mission. In terms of the "Emergency Covid Response Plan", the money is to be used for covid essential diagnostic test and drugs, essential drugs for Covid-19 management and laboratory strengthening etc. The said money cannot be used for infrastructure. The learned Advocate General also submits that there is only 1 (one) covid dedicated hospital in the entire State of Mizoram. In terms of the "Emergency Covid Response Plan", the money is to be used for covid essential diagnostic test and drugs, essential drugs for Covid-19 management and laboratory strengthening etc. The said money cannot be used for infrastructure. The learned Advocate General also submits that there is only 1 (one) covid dedicated hospital in the entire State of Mizoram. There are 16 dedicated Covid Health Centres, 73 Covid Care Centres and 172 Community Covid Care Centres in the State. He submits that there is medical support and oxygen support in the dedicated Covid Health Centres with make shift ICU. However, there are no ventilators in the dedicated Covid Health Centres, Covid Care Centres and Community Covid Care Centres. 15. We have heard the learned counsels for the rival parties and we have also perused the records produced by the State respondents. 16. The basic issue in hand is the inaction of the State respondents in putting to use the RT-PCR machine which had been donated on 26.06.2020, even though the State respondents had wanted to setup a "makeshift" RT-PCR machine in Civil Hospital Lunglei, as can be seen from the letter dated 14.06.2020, issued by the Secretary to the Government of Mizoram, Health Department. The team of experts constituted by the State respondents in terms of the above Letter dated 14.06.2020 made a recommendation for establishing a Covid-19RT-PCRtesting laboratory in Civil Hospital, Lunglei. No further action was taken upon the said recommendation. However, a perusal of the official records shows that the Medical Superintendent, Civil Hospital Lunglei, Vice Chairman, High Power Committee, Lunglei and Vice Chairman, Bamboo Development Board had written a letter dated 15.09.2020 to the Secretary to the Government of Mizoram, Health Department stating that there was enough space for constructing a separate building for an RT-PCR laboratory in the Civil Hospital compound and that the Medical Superintendent, Civil Hospital Lunglei should prepare a detailed estimate for the said building. In pursuance to the request made by the Medical Superintendent, Civil Hospital, Lunglei, the Public Works Department, Lunglei Building Division submitted a detailed estimate for construction of an RT-PCR laboratory building at Civil Hospital, Lunglei amounting to Rs.1,40,61,400/-. The detailed plan and estimate for construction of the RT-PCR laboratory building prepared by the PWD Lunglei Building Division in November, 2020 was submitted to the Finance Department. However, the Finance Department (B) vide I.D. No. FIN(B)964/2020-21 dt. The detailed plan and estimate for construction of the RT-PCR laboratory building prepared by the PWD Lunglei Building Division in November, 2020 was submitted to the Finance Department. However, the Finance Department (B) vide I.D. No. FIN(B)964/2020-21 dt. 15.12.2020 stated that the proposal could not be considered for the time being due to fund constraints. The observation of the Finance Department was conveyed to the Director of Hospital & Medical Education, Mizoram vide letter No. D.33012/41/2020-HFW(ECTL)/Pt. dt. 17.12.2020, issued by the Under secretary to the Government of Mizoram, Health & Family Welfare Department. 17. Thereafter, the Director, Hospital & Medical Education, Mizoram directed the Medical Superintendent, Civil Hospital, Lunglei to install the donated RT-PCR machine. The same was not installed in view of the finding of the Medical Superintendent that there was a cancer ward and other wards adjacent to the vacant room sharing the same entrance and as such, the setting of an RT-PCR laboratory could endanger the safety of the patients. 18. The ICMR Advisory dated 23.06.2020 states that wherever available, it is advisable to use a real time RT-PCR as the front line test for diagnosis of Sars-Cov-2. The ICMR Advisory dated 04.09.2020 states that in routine surveillance in containment zones and screening at points of entry, the choice of test in order of priority should be as follows:- (i) Rapid Antigen Test (RAT). (ii) RT-PCR or TrueNat or CBNAAT. 19. In the ICMR Revised Guidelines for True Nat testing for Covid-19 dt. 24.9.2020, it has been stated that no further RT-PCR based confirmation is required for samples that are confirmed as true positive by the TrueNat Assays. 20. The Advisory dated 04.09.2020 also states that routine surveillance in non-containment areas and in hospital settings should be in the following order of priority:- (i) RT-PCR or TrueNat or CBNAAT. (ii) Rapid Antigen Test (RAT). 21. In the ICMR Advisory dt. 4.5.2021, it has been stated that India has a total of 2506 testing laboratories including RT-PCR, TrueNat or CBNAAT and other platforms. It also states that in view of the extra ordinary case load, "it is imperative to optimize the RT-PCR testing and simultaneously increase the access and availability of testing to all citizens of the Country. It further states that States have encouraged to augment RT-PCR testing through mobile systems and to upscale testing using RATs. 22. It also states that in view of the extra ordinary case load, "it is imperative to optimize the RT-PCR testing and simultaneously increase the access and availability of testing to all citizens of the Country. It further states that States have encouraged to augment RT-PCR testing through mobile systems and to upscale testing using RATs. 22. It is also seen that in case of RT-PCR testing, upto 90 samples can be tested in one run, whereas in cases of TrueNat testing, a maximum of 4 samples can be tested in one run. 23. Paragraph 7.4 of the affidavit of the State respondents dated 09.07.2021 states that as testing infrastructure in the form of TrueNat machine is already available, there is no immediate requirement to install and operate/operationalize the donated RT-PCR machine. The further stand taken in the State respondents' affidavit is that an RT-PCR laboratory requires supporting equipment to run the RT-PCR machine and technically trained staff etc. The above, in our opinion would also apply to TrueNAT machines/laboratory. 24. It is seen that the State respondents have considered identifying existing buildings for establishing a temporary/makeshift Covid-19 RT-PCR laboratory till the stand-alone building was completed by the State respondents. In this regard, the State respondents' affidavit dated 19.07.2021 shows that the Health Department had approached the authorities in the Govt. High School, Govt J. Buana College, Lunglei Govt. College, Govt. Higher Secondary School, Lunglei, Hotel Malawm and Hotel Ono in Lunglei Town for running a temporary/makeshift RT-PCR laboratory. However, no consent was given by the authorities/owners of the Institutions/Hotels for the same. 25. The respondents have also taken a stand that over and above the requirement of identifying a building, supporting equipment and staffs are required to run an RT-PCR laboratory. Also, prior approval of the ICMR is required for running an RT-PCR laboratory. The stand of the Government is also to the effect that as there cannot be a makeshift RT-PCR laboratory for Covid-19 testing. We are aware that even a TrueNAT laboratory requires supporting equipment and staff. We also find that the RT-PCR laboratory in ZMC, which is housed in the TB Centre was given approval during a trial run. The Government stand that there cannot be a makeshift RT-PCR laboratory is clearly contradicted by the letter dated 14.06.2020 which constituted a team of experts to explore the feasibility of establishing a "makeshift" RT-PCR laboratory. 26. We also find that the RT-PCR laboratory in ZMC, which is housed in the TB Centre was given approval during a trial run. The Government stand that there cannot be a makeshift RT-PCR laboratory is clearly contradicted by the letter dated 14.06.2020 which constituted a team of experts to explore the feasibility of establishing a "makeshift" RT-PCR laboratory. 26. It is surprising to note that while the building estimate for the stand-alone building for an RT-PCR laboratory was Rs. 1.4 crores, as made by the PWD, the concept paper for construction of the RT-PCR laboratory at Civil Hospital Lunglei has a projected amount of Rs.7.81 crores. The breakup of Rs.7.81 crores shows that the cost of the RT-PCR laboratory building would be approximately Rs.4.8 crores, while the supporting equipment and other miscellaneous expenditure would require an additional amount of approximately Rs.3 crores. It is surprising that while the PWD has made the construction cost of the building at Rs.1.4 crores, the concept paper made by the Health Department for the building cost is Rs.4.8 crores. Adding confusion to the above is Annexure-IX of the State respondents' affidavit dated 19.07.2021, wherein the Principal Adviser-cum-Addl. Secretary, Planning & Programme Implementation Department has written a Letter dated 15.07.2021 to the Principal Director, Health & Family Welfare Department stating that the Chief Minister, Mizoram, vide R. No. 528 dated 12.07.2021 has approved the project for construction of laboratory building at Civil Hospital, Lunglei, Mizoram with an estimated cost of Rs.3.96 crores, for submission to the Ministry of Finance, Government of India under the Scheme for Special Assistance to States for Capital Expenditure 2021 - 2022. The letter also request for submission of a Detailed Project Report (DPR). The above shows that there are three different estimates for the same stand-alone building to be constructed for housing an RT-PCR laboratory. Also the letter dated 29.6.2021, issued by the Under Secretary to the Government of Mizoram, Health & Family Welfare Department has forwarded the Multi-Departments laboratory including RT-PCR laboratory for Rs.781 lakhs for approval and onwards submissions to the NEC through the Principal Advisor-cum-Additional Secretary, Planning & Programme Implementation Department. Also the letter dated 29.6.2021, issued by the Under Secretary to the Government of Mizoram, Health & Family Welfare Department has forwarded the Multi-Departments laboratory including RT-PCR laboratory for Rs.781 lakhs for approval and onwards submissions to the NEC through the Principal Advisor-cum-Additional Secretary, Planning & Programme Implementation Department. Further, the letter dated 16.07.2021 issued by the Principal Advisor-cum-Additional Secretary, Planning & Programme Implementation Department, which is addressed to the Director, Hospital & Medical Education states that the project proposal "Construction of Multi-Departments laboratory including RT-PCR laboratory for Southern Mizoram, Lunglei" has been included in the list of State Priority Project(SPP) 2021-22 for funding under North Eastern Council (NEC). The above clearly shows that the RT-PCR laboratory is not going to be a separate laboratory house in a separate building, but is going to be a laboratory amongst various other departmental laboratory. 27. The Mizoram Covid-19 updates/statistics made by the Directorate of Information & Public Relation, Mizoram shows the upward trend in Covid-19 infections in the State of Mizoram. While the number of persons infected with the Covid-19 was found to be 190 in the DIPR report dated 11.07.2021, the DIPR report dated 20.07.2021 shows that 725 persons were infected. DIPR report dated 21.7.2021 shows that 625 persons were infected, DIPR report dated 22.7.2021 shows that 847 persons were infected, DIPR report dated 23.07.2021 shows that 653 persons were infected, DIPR report dated 24.07.2021 shows that 938 persons were infected, DIPR report dated 25.07.2021 shows that 1369 persons were infected and DIPR report dated 26.07.2021 shows that 1118 persons were infected. It is interesting to note that the majority of the said infections pertain to the Aizawl town area, where mass-testing is being done. No mass testing is being done in the Southern Districts of Lunglei, Hnahthial, Siaha and Lawngtlai. The State respondents' affidavit dated 09.07.2021 also show the low number of testing done by way of the TrueNat machines in the four Southern Districts of Lunglei, Hnahthial, Siaha and Lawngtlai. 28. The stand of the State respondents, as submitted by the learned Advocate General is that though the four Southern Districts do not require an RT-PCR laboratory at present, as the available TrueNat machines are sufficient for daily testing, an RT-PCR laboratory will be made operational by using the donated RT-PCR machine in the soon to be constructed stand alone building. 29. 29. The above being said, the State respondents are relying upon the approval and sanction of money from the NEC for construction of a stand-alone building for establishing an RT-PCR laboratory. Though the State respondents have made a prayer to the NEC for sanction of the said amount, for approval and sanction of the project cost of Rs.7.81 crores, the State respondents have not made any clarification with the letter No. NEC/HEALTH/COVID-19/2020 dated 4.6.2021 (Annexure-XVII of State's Counter Affidavit dated 09.07.2021) issued by the Planning Adviser & I/C Adviser (Health), North Eastern Council Secretariat, Ministry of Development of North Eastern Region, which is addressed to the Principal Adviser-cum-Additional Secretary to the Government of Mizoram, Planning & Programme Implementation Department, which states as follows:- "Sub: Proposal for funding under NEC titled "Construction of Laboratory Block and Installation of RT-PCR Laboratory at Civil Hospital, Lunglei, Mizoram". Sir, In inviting a reference to your letter No. G. 12011/42/2021-PLG(RDB)/NEC dated 28th May, 2021 on the subject cited above, I would like to inform you that the proposal was examined in the NEC and it was decided that since the proposed construction of Laboratory Building at the Civil Hospital, Lunglei, Mizoram would take time, urgent necessity of any laboratory equipment in view of the COVID scenario may be proposed to the NEC by justifying the availability of proper space/rooms etc. in the Civil Hospital, Lunglei for installation/function." 30. The above letter clearly goes to show that the proposed construction of an RT-PCR laboratory at Civil Hospital, Lunglei would take time. The NEC has proposed to the State Government that the urgent necessity of any laboratory equipment may be proposed to the NEC, by justifying the availability of proper space/rooms etc., in the Civil Hospital, Lunglei for installation/function. However, as the State respondents have taken a stand that the available rooms are not fit for establishing an RT-PCR laboratory, the State respondents should make a serious effort in identifying some other building, which can be put to use, especially when NEC seems to be willing to provide sanction for laboratory equipment. 31. As can be seen from the proceeding paragraphs, the main RT-PCR machine is already available for use. The other requirement is for getting supporting equipment and identifying the building. 32. 31. As can be seen from the proceeding paragraphs, the main RT-PCR machine is already available for use. The other requirement is for getting supporting equipment and identifying the building. 32. With regard to identification of a building, the Notification No. D.33012/41/2020-HFW(ECTL)/Pt.2(a) dated 31.08.2020 (Annexure-XIII of the State's Counter Affidavit dated 09.07.2021) issued by the Secretary to the Government of Mizoram, Health & Family Welfare Department states as follows : "In an ongoing fight against Covid-19, the Hon'ble Minister, Health & Family Welfare Department visited and inspected the feasibility of installing RT-PCR machine at Civil Hospital, Lunglei. However since installation of RT-PCR machine is unfeasible at the identified place of Expert Committee, the following MLAs and Officials are hereby detailed to look for available spaces within and outside the Hospital premises and make necessary plan for the installation of the machine:- 1. Pu Lawmawma Tochhawng, MLA & Vice Chairman, HPC, Lunglei. 2. Dr. K. Pachhunga, MLA & Vice Chairman, Bamboo Development Board. 3. Dr. SR. Ngurchamliana, Medical Superintendent, Civil Hospital, Lunglei. 33. A perusal of the above clearly goes to show that even the State respondents have taken a decision to look for available space outside the hospital premises for installation of the donated RT-PCR machine. 34. With regard to the stand taken by the State respondents that the letters issued by the ICMR for establishment of an RT-PCR laboratory would have to be done in a stand-alone building, we find that the letters issued by the ICMR only speak of an ideal situation and that it is not mandatory to have a stand-alone building, especially when the building to be constructed is to house a Multi-Departments Laboratory. In fact, the ICMR has given approval for running the RT-PCR laboratory in the T.B. Centre at ZMC, wherein there is a ward for T.B. patients. Further, it has been submitted by the learned counsel for the petitioners that the RT-PCR testing laboratories in the various cities of the Country are also not established in stand-alone buildings. 35. As can be seen from the submission made by the learned Advocate General and the document submitted, which is made apart of the record and marked as Annexure-X, the Ministry of Health had earmarked financial assistance to different States and Union Territories "For Emergency Covid Response Plan". 35. As can be seen from the submission made by the learned Advocate General and the document submitted, which is made apart of the record and marked as Annexure-X, the Ministry of Health had earmarked financial assistance to different States and Union Territories "For Emergency Covid Response Plan". Out of approximately Rs.44.30 crores earmarked for the State of Mizoram, the 1st Installment of approximately Rs.8.8 crores would probably be released by August, 2021 through the National Health Mission. It is seen that under the Emergency Covid Response Plan, money can be used for laboratory strengthening. A copy of the fund available under the Emergency Covid Response Plan (ECRP)(Annexure-X) shows that 10 Districts Headquarters do not have RT-PCR laboratories and as such, there is a budget proposal of Rs.300 lakhs for establishing RT-PCR laboratory (with 5 year warranty) including procurement of RT-PCR machines, Bio Safety Cabinet, essentials such as Minus 20° Celsius Freezer, Pipettes, Refrigerated Centrifuge, Vortex etc. Annexure-X also shows that Rs.30 lakhs has been earmarked for one RT-PCR unit. The extract of the chart of the ECRP is reproduced below:- B.31.1.2 1 Budget proposed for establishing RT-PCR Lab (with five year warranty) including procurement of RT-PCR Machine, biosafety cabinet, essentials such as - 20 degree Celsius Freezer, pipettes, refrigerated centrifuge, vortex, etc 3000000 10 10 300 10 DH are not having RT-PCR lab and proposed accordingly Thus, if 10 (ten) RT-PCR units are proposed to be purchased, we do not find any impediment in the State respondents utilizing the said budget proposed in the ECRP for establishing 1 (one) RT-PCR laboratory in Lunglei by putting to use the donated RT-PCR machine. 36. Though the State respondents have asked the authorities of Educational Institutions and Hotel owners for use of their buildings for use as a temporary RT-PCR laboratory till a new stand-alone building is constructed, which has been declined, we find that the State respondents have not considered all other alternatives. The State respondents could have easily considered the use of the Tourist Lodge, Lunglei for establishing an RT-PCR laboratory till the new stand-alone building comes into existence or till the time the pandemic is over. The State respondents could have easily considered the use of the Tourist Lodge, Lunglei for establishing an RT-PCR laboratory till the new stand-alone building comes into existence or till the time the pandemic is over. The Tourist Lodge being under the Tourism Department, Government of Mizoram, it is unlikely that there will be any opposition to the establishment of an RT-PCR laboratory in the Tourist Lodge, Lunglei, which would be to the benefit of the people of the 4 Southern Districts of Mizoram. As can be seen from the following paragraphs, the NEC has considered the request of the State Government for sanction of funds for the 7.81 crores project and informed the Government that as the same would take time, the Government should consider sending a proposal to the NEC for any laboratory equipment that is of urgent necessity. Though the said letter had been issued by the NEC on 04.07.2021 and the same received by the Health Department on 24.07.2021, the Health. Department has not taken any steps with regard to the said letter even till today. Further, the 1st Installment of funds that is to be channelled through the National Health Mission under ECRP shows that there is a proposal for establishing an RT-PCR laboratory by procuring RT-PCR machine with supporting equipment. Though the funds under the ECRP is to be implemented by the National Health Mission, the Health Department, Government of Mizoram can ensure that the National Health Mission utilizes the money for purchase of support equipment required for establishing an RT-PCR laboratory in Lunglei so as to run the donated RT-PCR machine. 37. The fact that the donated RT-PCR machine has been apparently bought from the MLA fund shows that public money has already been utilized. As such, public money that has been utilized for purchase of the RT-PCR machine should not be made to go to waste, especially when there is a huge surge of cases of Covid-19 infections in the State of Mizoram. Just because mass testing is not being carried out at present in the Southern Districts of Mizoram does not mean that there is no requirement of an RT-PCR laboratory. Further, the Ministry of Home Affairs (MHA) Order No: 40-3/2020-DM-1 (A) dated 23.03.2021 requires the scaling up of the proportion of RT-PCR test, which is the gold standard of Covid-19 tests, in all the districts of the country. 38. Further, the Ministry of Home Affairs (MHA) Order No: 40-3/2020-DM-1 (A) dated 23.03.2021 requires the scaling up of the proportion of RT-PCR test, which is the gold standard of Covid-19 tests, in all the districts of the country. 38. In the case of Balco Employees' Union (REGD) (Supra), Federation of Railway Officers Association Vs. Union of India (Supra) and Union of India & Ors. Vs. J.D. Suryavanshi (Supra), the Apex Court has held that Courts should be not inclined to strike down a policy merely because it has been urged that a different policy would have been fairer or wiser or more scientific or more logical. It further held that judicial interference by way of a PIL is available if there is injury to the public because of dereliction of constitutional or statutory obligations on the part of the Government. Courts are not intended to nor should they conduct the administration of the country. The Apex Court thus held that Courts should resist the temptation to usurp the power of the Executive by entering into arenas which are exclusively within the domain of the Executive. 39. In the case of State of Uttar Pradesh Vs. In Re. Inhuman Condition at Quarantine Centres and for Providing Better Treatment to Corona Positive, SLP(C) No. 7147/2021, the Apex Court, while considering the orders passed by the High Courts relating to management of Covid-19 in different parts of the country, held that High Courts should normally consider the possibility of implementation of the directions given by it and such direction which are incapable of being implemented should be avoided. The Apex Court thus held that the doctrine of impossibility would be applicable to Court orders as well. 40. Coming to the facts of the present case, we find that the State Government has taken a decision to have an RT PCR laboratory in a standalone building. However, the documents on record clearly goes to show that the actual completion of construction of a stand alone building is still a far cry from reality. It is also noted that construction activity in Mizoram has practically come to a stands till since 20.4.2021 and there is nothing to show that construction activity will start in the near future. On the other hand, Covid-19 infections, are rising and a citizen's right to life has to be protected at all costs. It is also noted that construction activity in Mizoram has practically come to a stands till since 20.4.2021 and there is nothing to show that construction activity will start in the near future. On the other hand, Covid-19 infections, are rising and a citizen's right to life has to be protected at all costs. We also find that the so called Policy decision taken under the Chairmanship of the Chief Secretary on 01.07.2020 is not a policy decision, but an administrative decision. 41. The Government having decided in its letter dated 14.06.2020 to have a make shift Covid-19 RT PCR laboratory and to look for available spaces within and outside Lunglei Civil Hospital premises in terms of the letter dated 31.8.2020, both issued by the Health Secretary, Government of Mizoram, a direction to identify an existing building for running a make-shift RTPCR laboratory would be in consonance with the decision of the Government. We are also of the view that a direction to identify and establish a temporary/make shift RTPCR laboratory, even if a separate entrance/steps is required to be constructed, till the proposed new building is constructed, would be in consonance with the Order dated 21.5.2021 passed by the Apex Court in SLP(C) No. 7147/2021, as such a direction is capable of being implemented. 42. In view of the reasons stated above, we deem it appropriate to direct the Secretary to the Government of Mizoram, Health Department (Respondent No. 2) to constitute a committee consisting of not less than 4 members, one of which should be the President, Young Mizo Association, Sub Headquarters, Lunglei and the other should be the Chief Organizer, Lunglei Thalai Pawl within one week from today. The committee so constituted shall within 7 (seven) days visit the Tourist Lodge, Lunglei and any other existing building for the purpose of setting up an RT-PCR laboratory till the new proposed building is constructed. If the findings of the Committee so constituted, is that a RT-PCR laboratory can be setup, the RT-PCR laboratory shall be set up by purchasing all the supporting equipments and making arrangements for necessary staff, by taking recourse to the funds that are going to be made available under the ECRP. The State respondents also have the added option of making a proposal to the NEC for purchase of laboratory equipment in terms of the letter dated 04.06.2021 issued by the NEC. The State respondents also have the added option of making a proposal to the NEC for purchase of laboratory equipment in terms of the letter dated 04.06.2021 issued by the NEC. Keeping in mind the rise in covid-19 pandemic cases in recent times, the State respondents shall spare no effort to set up and make the RT-PCR laboratory functional at the earliest. The ICMR shall also take necessary steps to verify the proposed RT-PCR laboratory in Lunglei for giving immediate approval. 43. The above being said, it is surprising to learn that there is only one Covid dedicated hospital in the entire State of Mizoram, thereby, leaving persons with severe infections and living in the far flung areas of the State at great risk. In this regard, we have come across a news report wherein, a 39 year old Covid-19 pregnant lady, namely Smt. Vansangpuii from Lawngtlai District, who was on her way to ZMC died during the long journey due to bad roads, terrain and faulty vehicle. We have also come across news articles in the daily newspapers, the 'Aizawl Post' dated 3.8.2021 and Vanglaini dated 3.8.2021, wherein, the Director of ZMC has stated that though ZMC can accommodate 307 patients, there are more patients admitted than the official capacity in ZMC. This is a very serious matter and the State respondents will have to take steps to fight the Pandemic in earnest, not only in the Southern Districts, but all over the State. The stand of the State respondents is that RT-PCR laboratory is not required at this stage for the 4 Southern Districts of Mizoram cannot be accepted due to the above mentioned reasons. The number of Covid infections having affected many persons in the State, it is imperative that the State ensures that there are more Covid dedicated hospitals, so that a person's right to life under Article 21 of the Constitution is protected. The State Government is duty bound to ensure that it gives the best to the people it governs. The State Government has imposed a lock-down continuously from 20th April, 2021 and the seriousness of the Pandemic is apparent from the continued lock-down imposed. Further, there being views that a third wave of the Pandemic is likely to occur, the State Government will have to be more prepared than ever in the coming days. 44. The State Government has imposed a lock-down continuously from 20th April, 2021 and the seriousness of the Pandemic is apparent from the continued lock-down imposed. Further, there being views that a third wave of the Pandemic is likely to occur, the State Government will have to be more prepared than ever in the coming days. 44. With the above observations and directions, the matter stands disposed of.