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2019 Supreme(Mad) 2910
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
A.P. SAHI, SUBRAMONIUM PRASAD, JJ.
D. Dharmabalan - Petitioner
Versus
The Secretary, Department of Health and Family Welfare, Government of Tamil Nadu & Ors. - Respondents
W.P.(MD) No.7496 of 2019 and W.M.P.(MD) Nos.5993 and 5994 of 2019
Decided On : 18-12-2019
For the Petitioner: Mr. G. Sridharan.
For the Respondents: Mr. V.R. Shanmuganathan, Special Government Pleader.
Headnote:
Constitution of India, 1950 - Article 226 - Tamil Nadu Private Clinical Establishments (Regulation) Act, 1997 - Rule 6, 7, 8, 11 and 12 - Certificate of registration - Maintain minimum standards of facilities and services - Petitioner is registered Medical Practitioner practicing for past years - Tamil Nadu Clinical Establishments Regulation Act as amended by Tamil Nadu Act hereinafter referred to as Act was brought in for regulation of clinical establishments in State of Tamil Nadu and matters connected therewith or incidental thereto – Held, Purpose of Act is to ensure proper functioning clinical establishments in State of Tamil Nadu - Perusal of entire Act would show that there are different requirements for different types of clinical establishments - Requirements have been well defined - Requirements that have been stipulated in Annexure court to Rule of Rules cannot be said to be in any manner volatile of Article Constitution of India - Counsel for petitioner argued with vehemence that Doctors operating from small consulting rooms would have take approval from Pollution Control Board for having proper biomedical disposal system - Perusal of Annexure court to Rule insofar as it applies to consulting rooms does not prescribe such requirement - On other hand norms required for maintaining clinical establishment specifies that there has to be facilities to segregate waste dress etc - as per Government of India and Tamil Nadu Pollution Control Board norms condition which is absent in requirements made for consultation - There is no challenge to competence of State Government bring out these legislations - Court is not able to accept arguments of petitioner that provisions of this Act are volatile of Article Constitution of India - Regulations which are meant to ensure that various clinical establishments in State are regulated in proper manner and are supervised to ensure safety and interest of patients cannot be said to be volatile of Article Constitution India – Petition dismissed
ORDER :
SUBRAMONIUM PRASAD, J.
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration to declare that Sections 2(a), 3, 4 and 5 of Tamil Nadu Private Clinical Establishments (Regulation) Act, 1997 as amended by Tamil Nadu Act 19 of 2018 and Rule 6, 7, 8, 11 and 12 of Tamil Nadu Private Clinical Establishments (Regulation) Rules, 2018 as ultra vires, unconstitutional, arbitrary insofar as they are made applicable to the consulting rooms of medical practitioners.
The instant writ petition is for a Writ of Declaration declaring that Sections 2(a), 3, 4 and 5 of Tamil Nadu Private Clinical Establishments (Regulation) Act, 1997 as amended by Tamil Nadu Act 19 of 2018 and Rules 6, 7, 8, 11 and 12 of Tamil Nadu Private Clinical Establishments (Regulation) Rules, 2018 as ultra vires, unconstitutional, arbitrary insofar as they are made applicable to the consulting rooms of medical practitioners.
2. The writ petitioner is a registered Medical Practitioner practising for the past 38 years. The Tamil Nadu Clinical Establishments Regulation Act, 1997, as amended by Tamil Nadu Act 19 of 2018 (hereinafter referred to as 'the Act') was brought in for regulation of clinical establishments in the State of Tamil Nadu and matters connected therewith or incidental thereto.
2.1. Section 2(a), deals with the definition of clinical establishments, which reads as under:
“2. Definitions- In this Act, unless the context otherwise requires, -
(a) 'Clinical establishment' means a clinical establishment under any recognized systems of medicine and includes -
(i) a general hospital including dental hospitals, maternity hospital, dispensary, consulting room, clinic, polyclinic or nursing home;
(ii) an institution or a centre, by whatever name called, where physically or mentally sick, injured or infirm person is admitted either as in-patient or out-patient for treatment with or without the aid of operative procedures;
(iii) a clinic catering to radiological, biological or other diagnostic or investigative services with the aid of laboratory or other medical equipments; established and administered or maintained by any person or body of persons, whether incorporated or not or the State Government or Central Government or any Department of the State Government or Central Government or a Trust, whether public or private or a company, whether or not owned by the Government or a Local Authority, but does not include the clinical establishments controlled or manages by the Armed Forces....”
2.2. Section 3 deals with registration of clinical establishments, which reads thus:
“3. Registration of Clinical Establishments:
No person shall carry on any clinical establishment unless such clinical establishment is duly registered under this Act:
Provided that every clinical establishment in existence on the date of the commencement of the Tamil Nadu Private Clinical Establishments (Regulation) Amendment Act, 2016 (Tamil Nadu Act 19 of 2018) (hereinafter referred to as the notified date), shall apply for registration within nine months from the notified date and a clinical establishment established after the notified date, shall apply for registration within a period of six months from the date of its establishment:
Provided further that every clinical establishment in existence on the notified date shall cease to carry on its business on the expiry of twelve months from the notified date unless such clinical establishment has applied for registration and is so registered or till such application is disposed of, whichever is earlier.
(2) Every application for registration under sub-section (1) shall be made to the competent authority in such form and in such manner and shall be accompanied by such fee not exceeding five thousand rupees as may be prescribed.
(3) No (Clinical establishment) shall be registered under this Act unless the competent Authority is satisfied that such (Clinical establishment) is in a position to provide
