S G KABRA Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2005-6-12
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on June 03,2005

S G KABRA Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

RATHORE, J. - (1.) HEARD rival submissions of the respective parties.
(2.) THE present public interest litigation is with regard to X- ray clinics, their functioning and safety measures. By way of this writ petition, the petitioner is seeking direction to the Central Government as well as State Government to issue direction to all the X-ray clinics to comply with the provisions of Radiation Protection Rules, 1971 and Drugs and Cosmetics Act, 1940. We like to answer the issues raised by the petitioner in the following manner:- 1. It is expected from the respondents to enforce the provisions of Radiation Protection Rules, 1971 and Drugs and Cosmetics Act, 1940 and the rules made thereunder in true and letter spirit. 2 The respondents shall also inspect the X-ray clinics periodically whether they possessed the valid license to conduct the X-ray or not under the Radiation Protection Rules, 1971 and having adequate safety measures and infrastructure as per the rules or not. 3 It will also be ensured full compliance of the rules and will also see whether X-ray clinics have displayed a warning with regard to the fact of use of X-ray, which is obviously harmful and hazardous to life and must be undertaken only if it is necessary and indispensable. 4 If it is found that X-ray clinics are not following the rules and regulations and are not having safety measure, immediate action as required be taken against such X-ray clinics under the Radiation Protection Rules, 1971 and Drugs and Cosmetics Act, 1940 and steps for cancelling the license be also taken as the case may be. With the aforesaid observation and direction, the writ petition stands disposed of. .;


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