TN Govt Claims To Be Champion Of Healthcare Facilities, Expected To Effectively Monitor Paramedical & Clinical Establishments: Madras High Court

Justice SM Subramaniam added that health being an integral part of Article 21 of the Constitution, the State is expected to ensure that quality medical services are provided in the clinical establishments across the state.

“The Scheme of the Act would indicate that stringent measures are to be taken against the illegalities and irregularities in establishing clinical establishments and its function. Health being an integral part under Article 21 of the Constitution of India and the Fundamental Right of a Citizen, the State is duty bound to ensure quality medical treatments are provided to the Citizen by all the clinical establishments across the State of Tamil Nadu,” the court observed.

The court was hearing a plea moved by the Tamil Nadu Medical Laboratories Association seeking directions to the Health and Family Welfare Department of the State to constitute the Tamil Nadu State Paramedical Council to regulate the field of paramedicals.

The petitioner association contended that as per Section 8 of the Clinical Establishments Act, the State was to constitute a State Council for clinical establishments. The objective of the Act was to register and regulate the clinical establishments and to prescribe a minimum standard of facilities and services as mandated under the Constitution. Since the State Council was not constituted with 6 months as provided for under the Act, the present plea was filed.

The association submitted that unqualified persons were being employed in clinical establishments threatening the lives of persons who came to the clinics for testing purposes and for availing of other medical facilities. Thus, the association urged the court to pass necessary orders to constitute the council to safeguard the facilities.

The State, on the other hand, informed that the notification had already been published on December 15, 2023, and the rules were also framed as per the National Commission for Allied and Healthcare Professions Act, 2021 for constituting the council and empowering it to initiate actions by invoking the powers. The state also informed that eligible members would be appointed within two months.

The court observed that the competent authorities of the government of Tamil Nadu were expected to effectively implement the Act and the rules. The court also noted that if any lapse, negligence or dereliction on the part of the authorities was identified, the State must take a serious view of the same.

The court thus directed the State to appoint the Chairman and members to the State Council as per the provisions of the Act and Rules within a period of two months. The committee was expected to conduct periodical inspections in the Clinical Establishments across the State and ensure that qualified technicians and employees were working in the establishments.

The court also directed the State Council to look into the allegations put forward by the petitioner association regarding the appointment of unqualified paramedical staff, substandard machinery etc and initiate actions without delay. The court directed the Health and Welfare department to take all possible steps to ensure standard facilities were available to all in the country.

Counsel for the Petitioner: Mr.K.Aditya Chandramouli

Counsel for the Respondents: Mr.P.Kumaresan Additional Advocate General Assited by Mr.G.Krishna Raja Additional Government Pleader, Mr.V.Chandrasekaran Senior Panel Counsel

Citation: 2024 LiveLaw (Mad) 57

Case Title: TN Medical Laboratories Association v Principal Secretary and others

Case No: W.P.No.4515 of 2020