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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S.SONAK, CJ, DEEPAK ROSHAN
Ranjiv Ranjan S/o Late Barho Prasad – Appellant
Versus
Union of India through Additional Principal Secretary, New Delhi – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard the learned counsel for the respective parties.
2. The present writ petition has been filed in purported public interest, seeking the following reliefs:-
(i) For issuance of Writ(s)/order(s)/direction(s) and particularly a writ in the nature of mandamus commanding and direction upon the respondents and especially respondent Civil Surgeon Ranchi, to ensure strict compliance of the Clinical Establishments Act, 2010 and take immediate and strict action as per law for non-fulfillment of provisions of the said act.
(ii) For issuance of Writ(s)/order(s)/direction(s) and particularly a writ in the nature of Mandamus commanding upon the respondents and especially respondent Civil Surgeon Ranchi to take-action upon the report submitted by Magistrate Sadar Ranchi with respect to the death of the petitioner's father on 15/10/2017, on act of sheer negligence on the part of entire management, doctors and nurses of Medanta Hospital Ranchi.
(iii) For issuance of Writ(s)/order(s)/direction(s) and particularly a writ in the nature of mandamus commanding upon the respondents to immediately and forthwith holding enquiry in respect to ignore the complaints of bonafide c
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 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 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 importance of maintaining records as prescribed under the Act and Rules, and the legal implications of non-compliance.
The authority to regulate clinical establishments lies exclusively with the designated authority under the Clinical Establishments Act, rendering actions by others unauthorized and the allegations ag....
The notice issued for disciplinary action against a medical practitioner must comply with mandatory procedural requirements, failing which it is considered void and unenforceable.
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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