2025:UHC:10026 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/3087/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. B.M. Pingal, learned counsel for the petitioner. 2. Mr. Suyash Pant, learned State Counsel for the State of Uttarakhand. 3. According to petitioner, he has set- up a CLIA-181 Analyzer for different kinds of blood tests in the campus of Base Hospital, Almora. Grievance raised by petitioner is that doctors of the concerned hospital are referring patients for blood test to other private diagnostic laboratories. Petitioner in effect wants a direction to doctors to refer the patient to pathological lab set-up by him. 4. The reliefs, sought in the writ petition, are quoted below:- (i) Issue a writ, order or direction in the nature of Mandamus directing the respondents to allow the petitioner to fully operationalize and utilize the Automated Chemiluminescence Immunoassay Analyzer (CLIA) installed at Soban Singh Jeena Government Medical College & Research Centre, Almora, for patient blood sample testing, forthwith. (ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to cease and desist from referring blood samples to private diagnostic laboratories and instead facilitate use of the petitioner’s installed CLIA equipment as per the contract; (iii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to restrain respondent Nos. 5 and 6 from obstructing or harassing the petitioner in execution of the contract and carrying out work related to the CLIA equipment. 2025:UHC:10026 (iv) Issue a writ, order or direction in the nature of Mandamus directing the respondents to investigate and furnish a detailed report on any corrupt nexus or commission arrangements with private laboratories in blood testing work at Government Medical College, Almora. (v) award compensation and damages to the petitioner for monetary loss caused due to denial of contractual rights and unlawful obstruction. 5. Learned State Counsel was asked to get instructions in the matter. On instructions, learned State Counsel submits that no contract was executed between Government Medical College and petitioner for setting up CLIA machine. He further submits that all tests relating to blood donors have been performed in the in-house laboratory in Government Medical College and no one is being referred to private pathological laboratories. 6. The relief sought by petitioner cannot be granted in a writ petition. In fact, there can’t be any direction to Government Medical College to refer all patients to the laboratory set-up by petitioner for blood test. 7. The writ petition is misconceived, thus dismissed. No order as to costs. (Manoj Kumar Tiwari, J) 13.11.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802 a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C2 2DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.13 05:00:59 -08'00' 2025:UHC:10026