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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M.
Kerala Private Hospitals Association – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. identification of appellants and the challenged provisions. (Para 1 , 2 , 3) |
| 2. appellants argue provisions are arbitrary and vague. (Para 4 , 5 , 6) |
| 3. emergency treatment obligations and their feasibility. (Para 7 , 8) |
| 4. court's analysis and justification for regulation. (Para 9 , 10 , 11) |
| 5. presumption of constitutionality of legislative acts. (Para 18) |
| 6. issues raised in appeals for consideration. (Para 19 , 20) |
| 7. conclusion upholding the validity of the act. (Para 37) |
JUDGMENT :
1. The aforementioned two intra-Court appeals challenge the final judgment dated 23.06.2025, passed in W.P.(C) No.1365/2019 and W.P.(C) No.29353/2019. In the impugned judgment, the learned Single Judge, after a reasoned analysis, rejected the appellants’ challenge to various provisions of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018 (hereinafter referred to as the “Act”) and the Kerala Clinical Establishments (Registration and Regulation) Rules, 2018 made thereunder (hereinafter referred to as the “Rules”) as neither unconstitutional nor arbitrary on multiple grounds, and ultimately dismissed the writ petitions by a common judgment.
2. The facts adumbrated he
The Kerala Clinical Establishments Act mandates transparency in healthcare costs and patient safety, reinforcing constitutional rights and promoting accountability in clinical practices.
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 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 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....
The Commission under the WBCE Act, 2017 can adjudicate on deficiencies in service related to medical qualifications and award compensation, separate from medical negligence claims.
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.
Point of law : private hospitals require to abide by its provisions, particularly, Section 39 read with Rule 19 of the Kerala Clinical Establishments (Registration and Regulation) Rules, 2018 (herein....
Suspension of registration under the respective enactments is permissible only under extraordinary circumstances in public interest, with reasons recorded in writing.
The suspension of a medical practitioner's license was quashed due to violation of natural justice and lack of jurisdiction in enforcing external regulations.
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