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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
KERALA PRIVATE HOSPITALS ASSOCIATION – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of case jurisdiction and background. (Para 1 , 2 , 3) |
| 2. appellants argue provisions are arbitrary and vague. (Para 4 , 5) |
| 3. state arguments focus on public health and regulation. (Para 6 , 7 , 8 , 9 , 10) |
| 4. court analyzes implications of the act's provisions. (Para 19 , 20 , 21 , 22) |
| 5. constitutionality presumed; regulations foster transparency. (Para 24 , 26 , 29) |
| 6. regulations found to balance healthcare needs and rights. (Para 30) |
| 7. court concludes provisions are constitutional and must be implemented. (Para 37 , 38 , 39) |
JUDGMENT “C.R.”
[WA Nos.1621/2025, 1806/2025]
Sushrut Arvind Dharmadhikari, J
The aforementioned two intra-Court appeals challenge the final judgment dated 23.06.2025, passed in W.P.(C) No.1365/2019 and W.P.(C) No.29353/2019. In the impugned judgment, the learned Single Judge, after a reasoned analysis, rejected the appellants’ challenge to various provisions of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018 (hereinafter referred to as the “Act”) and the Kerala Clinical Establishments (Registration and Regulation) Rules, 2018 made thereunder (hereinafter referred to as the “Rules”) as neither unconstitutiona
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