Point of law: Facilities sending reports electronically should include electronic signature of the authorized signatory. Laboratories should be able to provide critical information required by a physician on telephone e.g. frozen section biopsy report is required while operating a patient with suspicion of cancer or growth of a particular organism in culture can aid in early diagnosis and treatment.

JUDGMENT :

S. MANIKUMAR, J.

1. In W.P. (C) No. 19741 of 2018, the petitioner has sought for the following relief:

“(i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 2 and 5 not to permit the respondents 7 to 9 to conduct clinical laboratories in the bunks taken on lease from the 3rd respondent, without providing sufficient facilities as mandated in Ext.P1.”

2. Short facts leading to the filing of W.P. (C) No. 19741 of 2018 are as hereunder:

Petitioner is approaching this Hon'ble Court in this writ petition in public interest with a grievance that the bunks given in auction for conducting small business concern are now converted into Clinical Laboratories without having necessary infrastructure facilities as mandated by Indian Council of Medical Research, New Delhi. The Government of Kerala have issued Kerala Clinical Establishment (Registration and Regulation) Bill, 2017 with an objective of improvement of public health in prescribing minimum standards for different categories of clinical establishments to ensure the provision of proper quality health care by the clinical establishments which is now under the process of getting assent from the Governor. The 3rd respondent District Panchayat auctioned different bunks on the side of the entrance of Idukki Medical College for conducting small bunks for business purposes. Respondents 7 to 9, after auctioning the bunks, started clinical laboratories without having any facilities against which the petitioner filed various complaints before the respondents 1 to 4 and pursuant to which the respondents 2 and 5 directed the respondents 7 to 9 to close down the clinical laboratories in the bunks which are being conducted without any facilities as mandated in Ext.P1. However it is reliably learned that steps are being taken to reopen the clinical laboratories in the bunks without having the facilities mandated in Ext.P1 on extraneous pressure.

3. In W.P. (C) No. 5166 of 2019, the petitioner has sought for the following reliefs:

“1. Issue a writ of Mandamus or any other appropriate order, writ or direction directing the respondents 1 to 5 to take immediate steps to stop the functioning of the blood collection centres and activities conducted by respondents 8 to 11 in their respective bunks auctioned by them from the 4th respondent.

2. Issue a writ of Mandamus or any other appropriate order, writ or direction directing the 5th respondent to cancel the licenses issued to respondents 8 to 11 and not to grant/renew the same for conducting any blood collection centres or laboratories in their respective bunks, where they are conducting blood collection certres.

3. Issue a writ of Mandamus or any other appropriate order, writ or direction directing the respondents 1 to 5 not to permit respondents 8 to 11 to collect human specimen including blood without having facilities as contemplated under Act, 2018 and registration under the provisions of the said Act.”

4. Short facts leading to the filing of W.P. (C) No. 5166 of 2019 are as hereunder:

The petitioner is highly aggrieved by the callous and lethargic attitude of the respondents in considering and taking appropriate action against the illegal blood and human specimen collection centres conducted by the respondents on road side bunks. Even the recent disturbing press reports about spread of HIV through blood transmission have not evoked any response in the official respondents to react to the cause exposed by the petitioner. Further the Government of Kerala has recently enacted the Kerala Clinical Establishments (Registration and Regulation) Act, 2018 (hereinafter be referred to as Act, 2018 for brevity). The provisions of the Act 2018 make it clear that road side bunks used for collecting blood and body specimen are impermissible. However, the official respondents, in spite of being alerted about the continuation of such illegal conducting of body specimen collection in road side bunks are not taki