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2017 Supreme(Cal) 541

DEBANGSU BASAK
Md. Rezaul Karim – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Kishore Dutta, Abhratosh Majumdar, Sirsanya Bandyopadhyay, Bikash Ranjan Bhattacharya, Soumya Majumdar, Amitava Deb, Gargi Goswami, Prithu Dudheria, Soumitra Mukherjee, Avra Majumdar, Saibalendu Bhowmik, Sougata Bhattacharya

JUDGMENT :

1. The petitioners have challenged the vires of West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017.

2. Learned Senior Advocate appearing for the petitioners has submitted that, various provisions of the Act of 2017 fail the test of Article 14 of the Constitution of India. He has drawn the attention of the Court to Sections 2(c)(ii), 7(3)(i), 7(3)(l) to (t), 7(3)(p), 7(3)(s), 27, 29, 30, 33(1), 33(2), 36, 38(1)(iii), 38(1)(ix) and Section 42 of the Act of 2017 in this regard. He has submitted that, the various provisions of the Act of 2017 are arbitrary, unreasonable and irrational. They infringe upon the fundamental right to practice one’s profession guaranteed under Article 19(1)(g) of the Constitution of India.

3. Referring to Section 2(c) of the Act of 2017, Learned Senior Advocate for the petitioners has submitted that, the 2nd explanation to the definition of ‘clinical establishment’ allows an individual medical practitioner to be treated as operating in any establishment within the meaning of the Act of 2017, in the event, such individual medical practitioner, in the discharge of his duties and attending to his patients, require







































































































































































































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