RAVINDRA DNYANESHWAR PATIL Vs. SECRETARY

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties.

(2.) PETITIONERS have invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for following reliefs : -

(3.) MR . Mandpe, the learned counsel appearing on behalf of the petitioners, relying on the judgment of the Division Bench of Gujarat High Court in case of Association of Pathologist of Bhavnagar and 17 V/s. Secretary Health Department & 8 (Special Civil Application No.7999/1998 and others) submits that unless the respondent no.7 had a registration with the Medical Council of Maharashtra, he could not have started the Genetic Laboratory. The learned counsel relying on the circular issued by the Director, Central Government Health Scheme, submits that unless a person is M.D. or D.N.B. in Pathology or holds diploma in Clinical Pathology, he is not entitled to open a pathological laboratory. The learned counsel relying upon a download from Internet regarding 'Entrance Exams 2013 Education and Career in India in Government Colleges for DM in Medical Genetics, submits that unless the qualification prescribed thereunder is obtained, a person cannot open a pathological laboratory. Mr. Mandpe further submits that the respondent no.7 though is not entitled to run a clinical laboratory is running it illegally and thereby fooling various persons. He submits that on account of a false certification by the respondent no.7, the petitioners have given birth to a child, who is suffering from sickle cell decease. It is the contention of the petitioners that the respondent no.7 might have given the report to the petitioners on the basis of sample of some other person. The learned counsel, therefore, submits that in the larger public interest, it is necessary to suspend or cancel the registration of the respondent no.7, to direct the police authorities to register the F.I.R. and also payment of compensation to the petitioners to the tune of Rs.1 Crore.