The division bench of acting Chief Justice V M Sahai and Justice R P Dholaria is likely to hear it on March 9.
The petition, filed by city-based lawyer Kishor Paul, says it is government's duty to pay compensation.
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"This is nothing but total failure on the part of the state government that it is unable to handle the situation," says the PIL.
It also alleges that private laboratories are charging Rs 4,500 for the swine flu test and only nominal charges should be fixed for it.
Another PIL had alleged that Gujarat government had shown callousness in tackling the swine flu outbreak but the High Court expressed satisfaction over the state government's efforts to curb the epidemic after government filed an affidavit. The HC also asked the government to take the same measures in rural areas.
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