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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V.MENON
Kerala Private Hospital Association – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. health is a human right and the act aims to improve public health. (Para 1 , 2 , 3) |
| 2. writ petitions challenge various provisions of the kerala clinical establishments act. (Para 4 , 5) |
| 3. petitioners argue provisions of the act are arbitrary and violate constitutional rights. (Para 6 , 7 , 8 , 9 , 10) |
| 4. court examines legislative competence and the validity of the act. (Para 12 , 13 , 14 , 15) |
| 5. court emphasizes the need for legislative competency and constitutional adherence. (Para 16 , 17 , 18 , 19) |
| 6. court evaluates the provisions of the act regarding registration and penalties. (Para 20 , 21 , 22 , 23) |
| 7. authority's power for registration cancellation is regulated and not arbitrary. (Para 24 , 25 , 26) |
| 8. inclusion of 'dentistry' in the act is constitutionally valid. (Para 27 , 28 , 29) |
| 9. 'dentistry' is part of modern medicine and the act is within legislative competence. (Para 30 , 31 , 32 , 33) |
| 10. practical difficulties faced by clinical establishments should be addressed by the government. (Para 34 , 35) |
JUDGMENT :
[WP(C) Nos.1365/2019, 2870/2024, 2637/2019, 27168/2023, 29353/2019 and 41738/2023]
2. These writ petitions have been filed seeking to challenge var
The court upheld the constitutionality of the Kerala Clinical Establishments Act, affirming the state's power to legislate on public health and emphasizing the need for regulation without arbitrary a....
The Kerala Clinical Establishments Act, 2018 is constitutional and serves public health goals, despite challenges regarding definitions and authority powers; due process safeguards were upheld.
The Kerala Clinical Establishments Act mandates transparency in healthcare costs and patient safety, reinforcing constitutional rights and promoting accountability in clinical practices.
The amended Regulation had a direct nexus with the object of providing adequate teaching and training facilities to the students and was not manifestly arbitrary. The differential treatment for diffe....
The court emphasized that running a clinical establishment without a valid license is illegal, and the State must act to prevent unauthorized medical practices, which endanger public health.
The court mandated strict compliance with the Clinical Establishments Act, emphasizing that non-enforcement leads to public health concerns, while personal grievances must be pursued through proper l....
Suspension of registration under the respective enactments is permissible only under extraordinary circumstances in public interest, with reasons recorded in writing.
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