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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
| Table of Content |
|---|
| 1. public interest litigation and its scope. (Para 1 , 2 , 7) |
| 2. factual background regarding medical treatment. (Para 3 , 4 , 5 , 6 , 8) |
| 3. judicial observations on alleged medical negligence. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. context and implementation of the clinical establishments act. (Para 16 , 17 , 18 , 19 , 20) |
| 5. provisions of the clinical establishments act and related regulations. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 6. medical records and transparency obligations of clinical establishments. (Para 36 , 37 , 38 , 39) |
| 7. need for effective enforcement of health regulations. (Para 40) |
| 8. court's directive for compliance with the clinical establishments act. (Para 41) |
| 9. conclusion and order of the court. (Para 42) |
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
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....
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