HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 22867 OF 2024

O R D E R:

The complaint in this Writ Petition is, the 2^nd respondent – District Medical & Health Officer is not taking any action for cancellation of Registration Certificate No. 4076, dated 03.06.2024 issued in favour of the 4th respondent, as it is against the provisions of the Allopathic Private Medical Care Establishment Act, 2002.

2. It is stated, the 2^nd respondent granted permission to the 4^th respondent for establishing an Allopathic Private Medical Care facility without verifying the existing Certificate of Registration, dated 09.02.2021, in favour of petitioner’s hospital - M/s Aruna Multi-speciality Hospital. Petitioner claims to be a doctor in AYUSH Ayurvedic, established M/s Aruna Multi- speciality Hospital with the consent of Dr. Ramesh Reddy Dubbaka and obtained Certificate of Registration from the 2^nd respondent. It is further stated that certain partners retired from the hospital and during this period, the 4th respondent expressed interest in investing in the hospital, lab, and pharmacy, therefore, an agreement was entered into allowing the 4th respondent to participate in the management. While so, the 4^th respondent allegedly insisted on conducting medical cases that were not permissible by the Medical & Health Department and also opposed the charging of high fees which led to differences between petitioner and the 4^th respondent. Petitioner claims that the 4th respondent used his influence and muscle power to pressurize him to step down from the management of the hospital. Petitioner, hence, set the condition that the 4^th respondent would need to obtain registration from the 2^nd respondent and return the investment made by him in the lab and pharmacy. Despite this, the 4^th respondent allegedly influenced the 2nd respondent to obtain registration certificate in petitioner’s hospital’s name, dated 03.06.2024, impugned herein. It is also stated, the 2^nd respondent without conducting any physical inspection and without ‘No Objection Certificate’ obtained from petitioner, issued registration certificate again in the name of M/s Aruna Multi-speciality Hospital and without cancelling the first registration certificate, which is valid till 08.02.2026, hence, registration certificate issued in favour of the 4th respondent is illegal and should be cancelled.

It is the further grievance of petitioner that the 4^th respondent, in collusion with other doctors, is conducting unethical and illegal activities, which are not permitted by the 2^nd respondent for private establishments. Though, he brought this matter to the 2nd respondent’s attention through representations dated 21.06.2024 and 08.08.2024, requesting appropriate action / cancellation of registration certificate, no action has been taken so far. Petitioner apprehends that if anything goes wrong, reputation of petitioner’s hospital would be at stake and he would be held responsible for the illegal activities conducted by the 4th respondent. Hence, petitioner, it is stated, approached this Court for redressal.

3. The Secretary to Government in its Health, Medical & Family Welfare Department and the 2^nd respondent District Medical & Health Officer, in one voice, state that in response to the representations received, petitioner was asked to appear before them, but he did not turn up. On enquiries, they came to know that petitioner sold M/s Aruna Multi-speciality hospital to the 4th respondent by entering into an unregistered sale deed- cum-memorandum of understanding dated 15.04.2024 and received huge amounts from him. Thereafter, upon complying with the all the requisites by the 4^th respondent, the 2^nd respondent issued the impugned registration certificate and Medical Termination of Pregnancy Certificate dated 16.07.2024, hence, there are no irregularities on the part of the 2nd respondent. It is further added that the office issued a new registration certificate to the new management, i.e. the