SUO MOTU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This PIL petition was initially filed by one Dr. Surendra Kumar Upadhyay in the year 2015 raising an issue of public importance relating to operation of pathological labs in the State of Rajasthan. The petitioner sought to invoke jurisdiction of this Court seeking issuance of various directions as below:

(2.) During pendency of the petition, the original writ petitioner died. This Court, taking note of the importance of the issue raised in this petition, directed the petition to continue as suo motu writ petition.

(3.) On 25/4/2016, an order was passed by this Court raising concern that the rules under The Clinical Establishments (Registration and Regulation) Act, 2010 (hereinafter referred to as 'the Act of 2010') have not been framed. Thereafter, another detailed order was passed on 4/8/2016, raising concern that there is mushroom growth in establishment of pathology centres without any registration as required under the provisions of the Act of 2010. This Court was informed that there was no effective control of the State Government and the rules framed by the State Government cannot be of any significance unless Central Government has framed the rules under Sec. 52 of the Act of 2010.