Patna High Court Directs State To Respond On Why Certain Unregistered Hospitals Are Allowed To Function

A Bench of Chief Justice Sanjay Karol and Justice S Kumar were hearing two petitions that sought implementation of Clinical Establishment (Registration and Regulation) Act, 2010 in the state.

In the last hearing of the case, the Court took on record notes prepared by the two amicus curiae in the cases, Advocate Ritika Rani and Advocate Ram Krishna.

Advocate Rani, in her note pointed out that all clinical establishments are mandatorily required to be registered per Section 12 of the Clinical Establishments (Registration and Regulation) Act, 2010 (the Act). Her note revealed that certain hospitals that were not registered under the Act were designated as Covid hospitals. Similarly, many hospitals and clinics empanelled in the Ayushman Bharat Scheme are not registered under the Act, it was found. Her note also recorded that the District Authority are also not inspecting hospital and Clinics hospitals which are not registered under Clinical Establishment (Registration and Regulation) Act, 2010

Apart from these, the State Medical Council for the State of Bihar remained unconstituted, nor were records maintained in the required digital format, her note said.

Therefore, the amicus called for a record the number of hospitals/clinics duly registered in the State of Bihar and concrete steps taken against the clinics running without registration. "The inaction of the respondents are only haring the health of the public at large but also boosting the quackery practice by unqualified doctors in the State of Bihar," the note stated.

The second amicus curiae, Advocate Ram Krishna also noted non-implementation of registration of hospitals in the state, among other grounds . In addition, he pointed out that many labs and pathology centres were running without registration and sought responses from the state on whether penal action was taken vis-à-vis these.

The Court directed the state to respond to these concerns and called for the listing of the two cases on May 10, 2021.

CASE: Veterans Forum For Transparency In Public Life v. The Union Govt. Of India Through The Secretary, Ministry Of Health And Family Welfare, Govt. Of India and connected case

COUNSEL: Advocate Dinu Kumar, Arvind Kumar Sharma, Md. Shamimul Hoda for the petitioners. Amicus Curiae Advocates Ritika Rani, Ram Krishna. Advocates Lalit Kishore, AAG Pushkar Narain Shahi, AC to AAG Sanjeet Kumar Singh, CGC Ram Anurag Singh, GP Prashant Pratap, CGC Sujeet Kumar Sinha, Advocate Kumar Brijnandan for the NMC. Senior Advocate Y.V. Giri, Advocate Sumit Kumar Jha for intervenors.

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