The Allahabad High Court has directed the Chief Medical Officer of Jaunpur to investigate some nursing homes and clinics running against the standards in Shahganj and Khetasarai and take action.
The Division Bench of Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi passed this order while hearing a PIL filed by Vinod Kumar and Another.
The petition is allegedly filed in public interest for taking appropriate action against private respondents no 7 to 10 who are stated to be running nursing homes and hospitals unauthorizedly which is threatening the life of patients treated by them. Various submissions have been made and orders passed by different courts from time to time have been referred to.
State counsel points out that running of nursing homes and clinical establishments is now regulated by clinical establishment (Registration and Regulation) Act 2010 as well as rules framed thereunder by Central Government in the year 2012. Section 12 of the Act specifies the authority for registration of such clinical establishments.
State counsel has drawn the court’s attention to sub-section 2 of section 10 of the Act as per which the District Health Officer or the Chief Medical Officer (by whatever name called) is to exercise the powers of the authority created under sub-section 1 of the Act.
It is submitted that grievances raised by the petitioner can always be examined by the Chief Medical Officer i.e respondent no 4 or any other authority lawfully constituted for the purposes under the Act/ Rules.
“Since we find that applicable statute has already designated an authority to deal with the registration of clinical establishment, which can also be examine the question as to whether such clinical establishment are being run as per law, we are not inclined to proceed any further in the PIL writ petition at this stage”, the Court observed.
In the facts of the case, the Court disposed of the petition directing the Chief Medical Officer, Jaunpur to examine the petitioner’s complaint in accordance with law after issuing notices to respondents no 7 to 10 and after examining their response/ reply. Appropriate final decision would be taken within a period of four months by the fourth respondent by passing the appropriate reasoned order. All consequential action to be taken accordingly.