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2018 Supreme(Online)(Chh) 719
CHHATTISGARH HIGH COURT
*Thottathil B. Radhakrishnan, C. J., Sharad Kumar Gupta, J.
Madhukar Dwivedi v. State of Chhattisgarh and Others
W. P. P. I. L. No. 19 of 2017
Important Points
Subject
Public Interest Litigation - Healthcare Regulation
Act Referred
Chhattisgarh Rajya Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Niyam, 2013: S.R.10, S.R.11
Headnote
(B) Regulation of health services - Unlicensed operation of clinical establishments is an offence; state has a duty to enforce compliance for public safety (Paras 18, 22).
(C) Applications for licenses must be decided expeditiously; absence of licenses invalidates claims to operate (Paras 20, 22).
Facts of the case:
Petitioners sought to operate clinics or establishments without valid licenses. Respondents indicated that many unauthorized clinics were operating in violation of the law (Paras 1-12).
Findings of Court:
The court confirms the necessity for licensing under the Act for all clinical establishments and assures action against unlicensed operations (Paras 22).
Issues: Whether the petitioners are entitled to run clinics without obtaining licenses as required under the Act (Paras 22).
Ratio Decidendi: The court emphasized that unauthorized medical activities pose a significant threat to public health and reinforced that licenses are mandatory for operation, aligning with statutory provisions for the protection of health care (Paras 19, 22).
Result: Writ Petition (PIL) No. 19 of 2017 allowed; WPCs dismissed.
| Table of Content |
|---|
| 1. public interest in regulating medical practices. (Para 1 , 2) |
| 2. formation of committees to monitor unauthorized medical practices. (Para 3 , 4) |
| 3. urgent need to eradicate quackery. (Para 5 , 6) |
| 4. importance of public health information dissemination. (Para 7 , 8 , 9) |
| 5. legal framework on licensing medical establishments. (Para 10 , 18 , 19) |
| 6. definition and regulation of clinical establishments. (Para 11 , 12) |
| 7. court's order for maintaining licensing compliance. (Para 22) |
1. The captioned Writ Petition (PIL), a Public Interest Litigation; for short 'PIL', is filed seeking, inter alia, direction to the State of Chhattisgarh and Officers under it including the Director of Health Services and the Commissioner, Health and Family Welfare Department to close down all illegal nursing homes, clinics and pathology / patholabs and to prevent illegal medical practice in the State of Chhattisgarh. Further direction to the official Respondents to initiate enquiry against those who are permitting the illegal running of nursing homes and such other institutions, is also sought for.
2. When the PIL came up for hearing on 07.02.2017, this Court noticed Annexure P / 2 therewith, which is a communication by the Block Medical Officer, Marwahi, District - Bilaspur enlisting the unauthorized nursing homes functioning in that Block and another list which gives the unauthorised clinics and the names of the persons illegally engaged in medical practice. A direction was issued on that day requiring personal affidavits to be filed by the Chief Medical and Health Officer, Bilaspur and the Director, Health Services regarding the action, if any, taken to ensure that unauthorised persons do not engage in medical practice. Different postings went through, which ultimately led to the order dated 16.03.2017 being issued in the presence of the Director of Health Services, Deputy Director of Health Services and other officers. It was then submitted before this Court by the Director of Health Services that Committees have been constituted sometime in the month of August, 2013 in obedience to the order issued by this Court in Writ Petition (PIL) No. 31 of 2012. However, he did not have the details of each district ready with him, though he stated that the Committee had taken action against those persons who were unauthorisedly practicing as Doctors. The Director was required to file affidavit, having regard to the larger interest involved in the matter. In the light of the judgments of the Hon'ble Supreme Court of India in State of Punjab and others v. Mohinder Singh Chawla and others , 1997 (2) SCC 83 : AIR 1997 SC 1225 and Paschim Banga Khet Mazdoor Samity and others v. State of W.B. and another , 1996 (4) SCC 37 : AIR 1996 SC 2426 , this Court noted that right to health is integral to the right to life and the State has an obligation under Art.21 of the Constitution to safeguard the right to life of every person and that providing adequate medical facilities to the people constitutes an essential part of the obligations of the State for achieving people's welfare and the Government Hospitals and Medical Officers are duty bound to provide medical assistance to the needy for saving human life.
3. We have called for and perused the order dated 22.02.2013 in Writ Petition (PIL) No.31 of 2012, referred to in the immediately preceding paragraph. That writ petition was ordered by this Court in the light of the submission on behalf of the State of Chhattisgarh and other official Respondents that a District Committee as well as Committees at Block level have been constituted in district Janjgir - Champa to monitor the menace of the quacks. It was directed that if similar committees have not been constituted in all other districts, such committees shall be constituted for all other districts and the Secretary, Department of Health and Family Welfare shall also obtain quarterly or half - yearly or yearly reports from them regarding the action taken by the
