KAMLA PATEL Vs. STATE OF M P

JUDGEMENT

(1.) In these batch of cases, the common question to be decided is whether Laboratory Technicians can run pathological laboratories without engaging the services of a Pathologist having MBBS degree or any higher degree.

(2.) The relevant facts briefly are that the appellant to W.A. NO. 1440/2006 was running Maruti Pathology Laboratory in Panagar. The Chief Medical and Health Officer, Jabalpur, issued an order on 29-6- 2002 asking her to dose the Maruti Pathology Laboratory failing which action would be taken against her in accordance with law. The appellant filed Writ Petition No. 3721/ 2002 before the learned single Judge challenging the order dated 29-6-2002 of the Chief Medical and Health Officer.

(3.) The respondents/State filed return in W.P. No. 3721/2002 stating inter alia that Smt. Kamla Patel was a student of Arts and had procured Diploma in Medical Laboratory Technology (for short 'DMLT') on the basis of which she was running the Maruti Laboratory at Panagar and when Laboratory was inspected by the Chief Medical and Health Officer on 29-6-2002, it was found that there was no qualified doctor or pathologist in the Laboratory. Subsequently, however, since a certificate was Issued by Dr. B. M. Agrawal that Smt. Kamla Patel was working as a Lab Technician under his guidance and supervision, the order dated 29- 6-2002 issued by the Chief Medical and Health Officer, Jabalpur, was recalled on 5-8-2002. Despite the aforesaid statement in the return filed by the respondents in W.P. No. 3721/2002 that the order dated 29-6-2002 asking Smt. Kamla Patel to close down the pathology laboratory had been recalled. the learned single Judge delivered orders on 13-1-2003 directing that that the pathology laboratories will be run by the pathologist who is qualified under the Madhya Pradesh Ayurvigyan Parishad Adhiniyam, 1987, and who fulfils the requirements of Ss.13 and 24 of the Adhiniyam, 1987, and no laboratory technician will be allowed to run the laboratory and he/she can only work in the laboratory which is actually run by a qualified pathologist. Aggrieved by the order dated 13-1-2003 of the learned single Judge in W.P.No. 3721/2002, Smt. Kamla Patel has filed Writ Appeal No. 1440/2006.