Patna High Court - Orders
Indian Association Of Pathologists And ... vs The State Of Bihar & Ors on 21 August, 2018
Bench: Chief Justice, Ravi Ranjan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20444 of 2014
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Indian Association Of Pathologists And Microbiologists
... ... Petitioner/s
Versus
The State Of Bihar & Ors
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 8055 of 2015
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Ram Krishna Mistri
... ... Petitioner/s
Versus
Union Of India & Ors
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 20444 of 2014)
For the Petitioner/s : Mr. Md. Shamimul Hoda
For the State : Mr Anil Kumar Sinha
For the Union of India : M/s S.D.Sanjay, ASG
Sanjay Kumar Sinha, CGC
Anshuman Singh, CGC
(In Civil Writ Jurisdiction Case No. 8055 of 2015)
For the Petitioner/s : Mr. Shivendra Kumar Sinha
For the State : Mr Anil Kumar Sinha
For the Union of India : M/s S.D.Sanjay, ASG
Sanjay Kumar Sinha, CGC
Anshuman Singh, CGC
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE DR. JUSTICE RAVI RANJAN
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
21 21-08-2018In both the present Public Interest Litigation petitions, the grievance is that in the State of Bihar, various Poly Clinics, Diagnostics Centers, Nursing Homes, Small, Medium and large hospitals are functioning in an illegal Patna High Court CWJC No.20444 of 2014(21) dt.21-08-2018 2/6 manner without there being any proper regulatory measures to evaluate their functioning and various illegalities are being committed contrary to the requirements of the statutory rules. The major grievance is with respect to running the individual pathology laboratories which are being run illegally and that too without the qualified and recognized laboratory technicians and / or pathologists.
Surprisingly, it is also the case of the petitioners that considering the details decision of the Gujarat High Court in SCA No.7999/1998, the Medical Council of India has issued a detailed guidelines dated 10.08.2011 in which it is specifically stated as under:-
"1. The Laboratory Technicians being not Pathologists, cannot run any laboratory independently.
2. They cannot directly give any report to any patient or any other individual, or to any institution or practicing doctor, without the authentication of the same by the pathologist registered with the Medical Council.
3. Though it is open to any person or institute to run a pathology laboratory, but no report can be issued without the signature or counter signature of the practicing pathologist recognized by the Medical Council of India.
4. The respondents are directed to ensure that no pathology laboratory is run by any Patna High Court CWJC No.20444 of 2014(21) dt.21-08-2018 3/6 unqualified person or institute having no recognized pathologists registered with the Medical Council. However, if such pathological laboratory is run by a pathologist registered with the Medical Council, or if such pathological laboratory engages a pathologist registered with the Medical Council, the respondents may allow such laboratory to run.
5. Individual Laboratory Technician cannot be allowed to run pathological laboratory independently without engaging a pathologist registered with the Medical Council."
It is stated that in spite of above specific guidelines, the illegal pathology laboratories are being run in the entire State of Bihar and the reports are being signed by unqualified laboratories technicians/ pathologists and ultimately they are playing with the health of the citizens.
Learned counsel appearing on behalf of the Medial Council of India has supported the cause and has submitted that no pathology laboratory can be run without meeting with the norms and no report can be issued without the signature and counter signature of the practicing pathologist recognized by the Medical Council of India.
A supplementary counter affidavit is filed on behalf of the State affirmed by the Director, Health Services, Bihar dated 08.02.2018. It is stated in paragraph no.8 that the Joint Secretary Patna High Court CWJC No.20444 of 2014(21) dt.21-08-2018 4/6 of the Health Department, Govt. of Bihar vide Memo No.1316(1) dated 21.11.2017 issued necessary directives to all the Civil Surgeons of Bihar (except Civil Surgeon of Samstipur) to furnish their respective reports in the light of the prescribed standard checklist in respect of the irregularities in all the private and governmental pathology, diagnostic centers, nursing homes, hospitals and blood banks etc.. It is further stated that the Joint Secretary, Health Department again issued necessary directives vide memo no.1482 (1) dated 26.12.2017 to all the Civil Surgeons of Bihar to furnish the reports. It is stated that the Principal Secretary, Health Department, Government of Bihar had also given highest priority in the matter and has also issued necessary direction to all the Civil Surgeons of the Bihar. In the Second supplementary counter affidavit filed on behalf of respondent no.4, it is stated that on the basis of the reports received from the concerned Civil Surgeons, of approximately 22 districts, number of pathology laboratories are found to be illegal and are not meeting with the norms, the particulars of which are as under:-
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At the outset, it is required to be noted and it cannot be disputed that no body can be permitted to play with the health of a citizen. Right to health/better health is a fundamental right. Medical testing laboratory is the backbone of the health care system. Now it is the hospitals, nursing homes, pathology laboratories etc. play an important and vital role and, therefore, accreditation of the lab is in the interest of the citizens and patients as it ensures that they conform to certain standard and that credibility in the test reports. Unless the disease is properly Patna High Court CWJC No.20444 of 2014(21) dt.21-08-2018 6/6 diagnosed, there shall not be any proper treatment, therefore, it is in the larger public interest that all the pathological labs, nursing homes etc. are required to satisfy the norms. So far the pathology laboratories are concerned, after considering the decision of the Gujarat High Court in SCA No.7999/1998 dated 17.09.2010, the Medical Council of India has issued a detailed guidelines, reproduced hereinabove.
Even as per the State Government as on today number of pathology laboratories are not meeting with the norms and they are being run illegally. They cannot be permitted to run any more and play with the health of the citizens.
Under the circumstances, put up on 25.08.2018. The State administration to place on record by a counter the names of the respective pathology laboratory/laboratories which are being run illegally and not meeting with the norms, district wise with full particulars in the form of statements.
(Mukesh R. Shah, CJ) ( Dr. Ravi Ranjan, J) Spd/- Sanjay U