The state's failure to effectively enforce the Clinical Establishments Act, 2010, and associated regulations necessitates proactive judicial intervention to ensure institutional compliance, mandatory record maintenance, and accountability in healthcare services, thereby protecting the fundamental right to health.

Reserved on: 28.01.2026 Pronounced on:16 /03/2026 Per 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 citizen with respect to legalities been committed by respondent authority.

(iv) For issuance of Writ(s)/order(s)/direction(s) and particularly a writ in the nature of mandamus commanding upon the respondents to hold an enquiry in respect to illegal and fraudulent committing cyber-crime and misusing the petitioner's email ID to close the RTI filed in PMO Office.

(v) For issuance of Writ(s)/order(s)/direction(s) and particularly a writ in the nature of mandamus commanding and direction upon the respondents to ensure that all the Clinical Establishments in the State of Jharkhand are directed to provide immediately copies of all documents to the patient's attendants/representative on discharge to avoid any foul play.

3. This petition has been filed in the backdrop of the fact that the petitioner’s father was suffering from Parkinson’s disease (Stage III– IV) and was undergoing treatment for the same in Bhubaneswar, Odisha. On 05.10.2017, the petitioner’s father suffered injuries following a fall at his residence in Ranchi. He was initially taken to the Rajendra Institute of Medical Sciences (RIMS), Ranchi, at approximately 8:00 a.m., where he received primary treatment by way of a Diazepam injection. However, it is the petitioner’s case that until 9:45 a.m., the medical staff at RIMS, Ranchi, failed to provide adequate care, specifically neglecting to dress his wounds or provide necessary medical services. Aggrieved by the perceived negligence and dissatisfied with the services at RIMS, the petitioner shifted his father to Medanta Hospital, Ranchi, at approximately 10:10 a.m. on the same day.

4. Furthermore, the petitioner has pleaded that on 06.10.2017, being dissatisfied with the treatment offered at Medanta, Ranchi, he requested the hospital to discharge his father to facilitate a transfer to another medical facility for treatment. Accordingly, the petitioner’s father was discharged from Medanta Hospital, Ranchi, at approximately 05:00 p.m. on the same day, following the intervention of the Head of the Hospital, Dr. Sharad Agarwal.

5. Subsequently, the petitioner has further pleaded that he took his father home, however, on 09.10.2017, when the patient ceased taking food, the petitioner co