HC to hear plea to close unauthorised pathological labs, diagnostic centres in Delhi

The Delhi High Court will hear later this week a plea seeking to close down unauthorised pathological labs and diagnostic centres in the national capital, alleging that they were being managed by unqualified technicians.

The petition is listed for hearing before a bench of Chief Justice Rajendra Menon and Justice V K Rao on September 6.

The public interest litigation (PIL) filed by Bejon Kumar Misra, a social activist, also sought to formulate a policy for regulating the opening and running of pathological laboratories, including calibration of the diagnostic equipment in the National Capital Territory (NCT) of Delhi.

The plea filed through advocate Shashi Bhushan, sought that as an alternative, guidelines be framed for implementation of the Clinical Establishment Act (Registration Regulation Act, 2010) to deal with the issue of unauthorised labs allegedly managed by "un-qualified" lab technicians.

"The NCT of Delhi is dominated by illegal and unauthorised pathological and diagnostic labs in every nook and corner of the city. These labs are operated by unqualified and irregular lab technicians, who are neither registered technicians nor have any required degree for managing the pathological and diagnostic labs," the petition said.

Misra alleged that the unqualified lab technicians were not only conducting various tests, but were also providing inferences based on unscientific and unqualified outcomes, which undermine the health and safety of people.

The plea said a small error in the diagnosis would lead to threat of life and irrational treatment to patients.

"Now such illegal labs continue to mushroom in and around Delhi NCT and it can be easily estimated that the total number of such illegal pathological and diagnostic labs can be anywhere between 20,000 to 25,000, and every street in the capital is having such illegal pathological labs," the plea claimed.

It alleged the city government has no proper mechanism or strategy to stop the mushrooming of such illegal labs.

"The National Accreditation Board for Testing and Calibration Laboratories (NABL) under the Quality Council of India (QCI) is optional and not mandatory before opening of a pathological or diagnostic lab in Delhi," the petition added.