The court upheld the lawful seizure of a hospital due to unauthorized medical practices, affirming compliance with statutory procedures and the protection of public health.

ORDER:

NAGESH BHEEMAPAKA, J.

Petitioner stated that hospital is a registered allopathic private medical care establishment, established in the year 2019, and operating continuously under a valid Certificate of Registration issued by the 2nd respondent under the provisions of the Telangana Allopathic Private Medical Care Establishments (Registration and Regulation) Act, 2002, which remains in force until 18.11.2029. They employ qualified and registered medical practitioners, providing essential healthcare services to poor and needy at affordable costs. The hospital also employs several non-medical staff such as nurses, ward assistants and administrative personnel whose livelihood depends on the continued functioning of the hospital.

1.1. It is stated, on 05.07.2025, Respondent No. 3 – Telangana Medical Council conducted inspection of the hospital in a hasty and irregular manner which resulted in registering FIR No. 401 of 2025 on 23.07.2025 against Mr. Kommu Venkateshan, alleging unauthorized practice of allopathic medicine. The delay between the date of inspection and registration of FIR casts serious doubt on the genuineness of the allegations; the inspection report did not specify any violations, deficiencies or deviations from medical standards, and no findings were ever communicated in writing to petitioner hospital.

1.2. Petitioner further stated that as per law, every inspection must be reduced into writing and a copy be furnished to the establishment concerned to enable it to submit an explanation in accordance with the principles of natural justice. In this case, no such report or opportunity was given to petitioner, hence, failure to furnish the report or seek an explanation before taking drastic action constitutes gross violation of the principles of natural justice and renders the process arbitrary and mechanical.

1.3. According to petitioner, the inspection conducted by Respondent No. 3 did not identify any patient allegedly being treated by an unauthorized person. The impugned seizure notice fails to mention any patient name, treatment details or evidence of administration of medicines by an unqualified individual. This shows that inspection was carried out with a premeditated intention to close down the hospital rather than to ensure compliance with standards. Petitioner contended that respondents’ action has caused immense damage to hospital’s reputation, leading to loss of goodwill and trust among patients and the local community.

1.4. Petitioner stated that on 04.08.2025, respondent authorities entered the hospital premises and seized the same without issuing prior notice or affording an opportunity to explain and not furnishing the inspection report is a gross violation of the principles of natural justice. They furnished a copy of seizure notice dated 29.07.2025, wherein it was alleged that Mr. Kommu Venkateshan S/o Bajaiah, purportedly a Bachelor of Ayurvedic Medicine and Surgery (BAMS) graduate without an MBBS degree, was running the hospital. It is clarified that the allegation is false as the hospital is being lawfully managed by Dr. D. Koushal along with other qualified doctors, namely Dr. Gopi A, Dr. Arvind Reddy, Dr. Bhavya Reddy Adla, and Dr. Shravan. Mr. Kommu Venkateshan is not a BAMS graduate but a duly-trained Multipurpose Health Assistant (MPHA), whose duties are limited to assisting doctors, taking vitals, maintaining records and providing first aid. Seizure based on such false assumption is arbitrary, high- handed and mala fide, intended to disrupt the operations of