KAMLA PATEL Vs. STATE OF M P

JUDGEMENT

(1.) The main question has arisen in the instant case is to the entitlement of the 'Laboratory Technician' to run the Pathology Laboratory and also about the 'qualifications' to be possessed by Laboratory Technician, Question is also whether visiting pathologist can be allowed to make the visit occasionally in the pathological laboratory and whether such laboratories can be said to be run by pathologist and can be allowed to be run.

(2.) The question involved in the writ petition is of utmost importance for the health of human being, detection of ailments, curative process including medicinal treatment to be imparted depends on the various investigation reports to be furnished on laboratory tests by the pathological laboratories.

(3.) Finding that the laboratory in question "Maruti Clinical Pathology" has being run by non-qualified person. Prohibitory order u/S. 133 of the Cr. P.C. was passed by SDM restraining the running of laboratory. The S.D.M. Jabalpur took the cognizance against the laboratory run by petitioner as petitioner Smt. Kamla Patel did not possess the recognized qualification to run the laboratory. The S.D.M. was of the opinion that the reports prepared by non-qualified person may 'adversely affect' the health of human. Final order was passed on 24-4-99 to the effect that petitioner Smt. Kamla Patel cannot run the pathological laboratory. She can work only under a qualified pathologist and with respect to the Diploma claimed to be possessed by the petitioner Smt. Kamla Patel the correspondence was made with the State Govt. In case she is not qualified, her qualification is not recognized, she would not be able to run the laboratory. The order passed u/S.133(1) Cr: P.C. was made absolute. The order sheet dated 19-4-99 of the Court of S.D.M. in proceedings u/S. 133, Cr. P.C. indicates that petitioner had filed Diploma in Medical Laboratory Technology obtained from Institute for continuing Medical and Career Making Education (hereinafter referred to as 'ICME'). It is recorded that she has obtained the Diploma training in Janki Raman College situated at Jabalpur and appeared in the examination at Mumbai and used to go every Sunday to Mumbai.