The necessity of having qualified pathologists for running pathology laboratories and the non-compliance of the State with the court's order to frame a policy for regulating pathology laboratories.

1. The State of Haryana has filed the review application i.e. R.A. No.377 of 2016 seeking review of the judgment dated 24.3.2014 passed by a Division Bench of this Court. Along with the review application, CM No.15102 of 2016 has been filed seeking condonation of 946 days' delay in filing the review application.

2. Notice on the application seeking condonation of delay and review application was issued on 09.12.2016. Mr. Amit Jain, Advocate appearing for the non-applicant/petitioner accepted notice.

3. Replies to the application for condonation of delay in filing the review application and to the review application have been filed.

4. The factual position is that the non-applicant/petitioner - Association of Practicing Pathologists, Haryana filed a writ petition i.e. CWP No.27666 of 2013 in this Court under Articles 226/227 of the Constitution of India for directing the respondent - State of Haryana to take immediate steps for closing down all the unauthorized and illegal pathology laboratories which were running in the State by Laboratory Technicians or were being run by other unqualified persons/institutions. These, it was stated, were not being run by qualified Medical Practitioners i.e. M.D. (Pathology) enrolled on the State Medical Register/Indian Medical Register. A further direction was sought for directing the respondent - State to frame an appropriate policy/regulations for regulating the opening or running of the pathology laboratories in the State; besides, constitute an appropriate authority for regular checking and supervision of pathological laboratories and for taking appropriate criminal action against any person or institution that was found running an unauthorized and illegal pathology laboratory without qualified medical practitioners.

5. The stand of respondents No.1 to 3 in respect of the issues that were raised in the petition was that there were no guidelines in existence for the present for regulation of pathological laboratories. A meeting it was stated had been held under the Chairmanship of the Principal Secretary to the Government of Haryana, Department of Health. Representatives of the Association of Practicing Pathologists (petitioner) were called and a Committee was constituted by the Government to look into the technical and legal aspects for formulating guidelines. A clarification was also sought from the Ministry of Health and Family Welfare vide letter dated 17.1.2014; besides, a request was made to the Medical Council of India to supply a copy of the guidelines applicable to Government and private laboratories. Six months’ time was prayed for to study the technical and legal aspects to frame a policy.

6. The said petition was disposed of by a Division Bench of this Court on 24.3.2014, the review of the order which is now sought. In any case, in view of the said stand taken by respondents No.1 to 3, this Court called upon the Medical Council of India to respond to the communication dated 17.1.2014 of the State of Haryana and supply a copy of the guidelines, if there were any such guidelines. It was observed that a Committee had already been constituted, therefore, it was expected that the State of Haryana would take expeditious steps for framing a policy and thereafter, take action under the policy. The Committee was also to take into consideration the material placed on record by the non-applicant/ petitioner. Time period up to the next date of hearing i.e. 25.7.2014 was considered sufficient for the State of Haryana to do the needful.

7. The writ petition was taken up for hearing on 25.7.2014 and it was stated in terms of the compliance report that was filed, that the Haryana Clinical Establishments (Registration and Regulation) Act, 2014 (‘Act’ - for short) had been notified on 28.3.2014. The Rules under the said Act were under preparation. Mr. Ajay Gupta, Addl. Advocate General, Haryana appearing for the State submitted that the Rules under the Act were under preparation and would