Court No. - 21
Case :- WRIT - C No. - 10779 of 2018 Petitioner :- Pradeep Sharma And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yogesh Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
The petitioner no.1 possesses a medical degree of MBBS and a post graduate medical degree of MD in medicine pathology. Petitioner no.2 is also a MBBS degree holder and possesses a further qualification of diploma in clinical pathology. Both of them are running their respective pathology clinics. Their grievance is that various unqualified persons are running pathology laboratories in District Muzaffarnagar, which is directly in the teeth of the judgement of the Hon'ble Apex Court in Special Leave to Appeal (C) No.28529 of 2010 along-with other connected special leave petitions wherein the Hon'ble Apex Court held that the Laboratory Report can be counter signed only by a registered medical practitioner having post graduate qualification in pathology in accordance with the guidelines issued by the Medical Council of India.
From the pleadings we find that the petitioners have already made representation sent to the respondents no.2 and 3 by registered post on 3.3.2018 with their respective grievance.
The issue is one, which requires investigation into the questions of fact and, thus, no useful purpose would be served by keeping this petition pending and calling for a counter affidavit and interest of justice would stand served, in case, a fact finding authority shall looks into the grievance of the petitioners initially.
Learned Standing Counsel fairly states that in case any representation made by the petitioners is pending or if they make a fresh representation with respect to their grievance the authority shall consider and decide the same expeditiously.
In view of the above, we dispose of the writ petition by giving liberty to the petitioners to make a fresh representation ventilating their grievance before respondent no.3 annexing therewith all relevant documents in support of their claim within two weeks from today with further direction to respondent no.3 that in case such representation is moved before him, he shall decide the same by a reasoned and speaking order in accordance with law in view of guidelines of the Apex Court and Rules of the Medical Council of India, within a further period of six weeks from the date of making representation after notice to all concerned.
Order Date :- 28.3.2018 Pramod