Illegally Expanded Medical Establishment To Be Shut Down: Orders Patna HC [Read Order]

In an oral order of the division bench of Chief Justice Sanjay Karol and Justice Anil Kumar Upadhyay, said that the expansion of the above mentioned establishments were functional without compliance of the provisions of the Clinical Establishment Act,2010; Clinical Establishment (Central Government) Rules, 2012/2018, as applicable to the State of Bihar and the Bihar Clinical Establishment Rules 2013.

Further, the court noticed that the approach adopted by the State is perfunctory and that it is meant only to favour these establishments rather than helping the poor in getting proper, complete and correct diagnosis and treatment in the State of Bihar. The court added that the authorities have not taken any stands on the closing such establishments. The court questioned the authorities about the absence of a mandatory Council to be constituted under the Statue/Rules.

The court pointed out, this unlawful running of unauthorized Pathological Centres/ Laboratories/ Institution and Establishment is perhaps leading to faulty diagnosis and treatment of the patients. The court emphasised that the State has not taken any action in enforcing the provisions of law, which the State is duty bound to do when it is a settled principle of law that right to medical health is a constitutional right.

The Government Pleader for the State informed the court that a decision has been taken to establish Bihar State Para Medcial Council and the matter is pending for approval with the State Cabinet and also that it would take six months for the Council to be approved. The court said that there is no reason as to why the action cannot be taken promptly, especially when the life of people is involved and also that the provisions of the Act and Rules enacted in the year 2010/2012/2018 remain unforced when the court has already cautioned the authorities and directed them to take necessary actions back in August 2018.

The court directed the Health Department of the State to publish a full fledged advertisement in the daily newspapers,both English and Vernacular, informing the general publish of all the directing the closure of all such illegal establishments in the State of Bihar. And also, wider publicity to be given in both print and electronic media asking the people to avail facilities only in such Laboratories/Institutions which stand recognized by the authorities constituted under the Act/Rules.

The court has ordered that the closure of the establishments to be done immediately and no later than one week from the date of issue this order.

Case Details:
Title : Indian Association of Pathologists and Microbiologists v. The State of Bihar and Ors.
Case No: CWJC No.20444 of 2014
Quorum: Hon'ble Chief Justice and Justice Anil Kumar Upadhyay
Appearances: Adv. Md. Shammimul Hoda (for petitioner)
Government Pleader, Mr. Prashant Pratap (for respondent)

Click here to download the Order