IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 5383 of 2007(S) ------------------------------------ PETITIONERS: --------------------- 1. T.K.SURESH KUMAR, AGED 36, S/O.T.K.KARUNAKARAN,THATTADATH HOUSE, MANNANAM P.O, KOTTAYAM. 2. K.RAMACHANDRAN, AGED 46, S/O.SANKARAN, RAMANIKA, AMALAGIRI P.O, KOTTAYAM. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT,THIRUVANANTHAPURAM. 2. CHAIRMAN,NATIONAL ACCREDITATION BOARD FOR TESTING AND CALIBRATION LABORATORIES (NABL), MINISTRY OF SCIENCE AND TECHNOLOGY, TECHNOLOGY BHAVAN,NEW MEHRAULI ROAD, NEW DELHI. R2 BY SRI. P. PARAMESWARAN NAIR, ASST.SOLICITOR GENERAL R1 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5383 OF 2007-S APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PRINTED RESULT DT.8.11.2006 EXT.P2 TRUE COPY OF THE TEST RESULT ISSUED FROM MEDICAL COLLEGE HOSPITAL DT.9.11.2006 EXT.P3 TRUE COPY OF THE LAB RESULT DT.22.11.06 EXT.P4 TRUE COPY OF THE LAB RESULT DT.22.11.06 EXT.P5 TRUE COPY OF THE LAB RESULT DT.22.11.06 EXT.P6 TRUE COPY OF THE LAB RESULT DT.22.11.06 EXT.P7 TRUE COPY OF THE LAB RESULT DT.22.11.06 EXT.P8 TRUE COPY OF THE NOTICE ISSUED BY THE PETITIONERS DT.27.11.2006 / TRUE COPY / J.B.Koshy, Ag.C.J. & V.Giri, J. ------------------------------------------ W.P.(C) No. 5383 of 2007 ------------------------------------------ Dated, this the 16th day of January, 2009 JUDGMENT J.B.Koshy, Ag.C.J. This writ petition is filed for a direction to the first respondent to control and supervise the functioning of laboratories and other diagnostic centres all over the State. Various other directions were also sought for. It is the case of the petitioners that in Government Medical Colleges and other Centres there are no proper facility for diagnosis. It is also stated that private laboratories are working without any control. They are charging exorbitantly. So the common people cannot approach them. 2. In paragraph 5 of the counter affidavit it is stated that even though there are several private laboratories and diagnostic centres, for an accurate diagnosis public at large are relying on the State owned health and clinical laboratories established at Thiruvananthapuram, Kollam, Alappuzha, Ernakulam, Kozhikode, W.P.(C) No.5383 of 2007 2 etc. and at present there are public laboratories in other hospitals and Primary Health Centres also. But the complaint is that most of the centres are not functioning well and there are no equipments and if equipped, they are defective. Some equipments are made defective so that employees can earn commission and illegal gratification from private laboratories. People are compelled to go to private laboratories which are functioning without any proper guidelines. At paragraph 6 of the counter affidavit it is stated as follows: “6. The Government are taking appropriate measures in an expeditious manner to have a control over the increasing private laboratories and diagnostic establishments to ensure proper standard of functioning by way of appropriate legislation.” 3. It shows that the Government is taking appropriate measures in an expeditious manner to control the increasing private laboratories and diagnostic establishments and to ensure proper standard of functioning by way of legislation. Necessary Rules should be framed within six months from today and Government W.P.(C) No.5383 of 2007 3 should see that they have adequate control over the functioning of the private laboratories, such as appointing qualified hands, fixing maximum charges for the tests, etc. We also direct the Government to take appropriate action to see that all Government laboratories are functioning well. Writ petition is disposed of as above. J.B.Koshy, (Ag. Chief Justice) V.Giri, (Judge) vns