Clinical Lab. & Ors. Vs. State of J&K & Ors.  INSC 185 (29
SUPREME COURT OF
INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil)
No(s).10361/2006 (From the judgement and order dated 19/04/2006 and 29.5.2006
in OWP No. 60/2006 & OWP No. 112/2006 of The HIGH COURT OF J & K AT
JAMMU) AASTHA DIAGNOSTIC CLINICAL LAB. & ORS. Petitioner(s) VERSUS STATE OF
J&K & ORS. Respondent(s) (With prayer for interim relief and office
report)(For final disposal) WITH SLP(C) NO. 10499 of 2006,SLP(C) NO. 12441 of
2006 (With appln. for directions and permission to file rejoinder affidavit and
prayer for interim relief and office report)(For final disposal) SLP(C) NO.
1242 of 2007,SLP(C) NO. 14344 of 2006 SLP(C) NO. 14345 of 2006,SLP(C) NO. 15584
of 2006 (With appln. for exemption from filing c/c of the impugned order and
c/delay in filing SLP and prayer for interim relief and office report) (For
final disposal) SLP(C) NO. 13087 of 2006,SLP(C) NO. 13761 of 2006 SLP(C) NO.
13737 of 2006 (With prayer for interim relief and office report ) (For final
disposal) SLP(C) NO. 14296 of 2006 (With appln. for exemption from filing c/c
of the impugned order and and prayer for interim relief and office report) (For
final disposal) Date: 29/01/2009 These Petitions were called on for hearing
HON'BLE THE CHIEF
JUSTICE HON'BLE MR. JUSTICE P. SATHASIVAM HON'BLE MR. JUSTICE J.M. PANCHAL
For Petitioner(s) Mr.
V. Hazarika, Adv.
Mr. Indrajeet Gupta,
Ms. S. Hazarika, Adv.
Ms. D. Phooban, Adv.
For Ms. Sumita
-2- Mr. Milind Kumar,
Mr. Mukul Kumar, Adv.
Ms. Charu Mathur,
For Mr. P.D. Sharma,
Ms. Shiva Lakshmi,
For Mr. T. Mahipal,
Mr.Sunil Kumar Verma,
For Respondent(s) Mr.
Anis Suhrawardy Mr. Tabrez Ahmad, Adv.
UPON hearing counsel
the Court made the following ORDER Leave granted.
The appeals are
disposed of in terms of the signed order.
VERMA) COURT MASTER COURT MASTER (Signed order is placed on the file) IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.499 OF 2009
(Arising out of SLP(C) No.10361 of 2006) AASTHA DIAGNOSTIC CLINICAL LAB.&
C.A.NO.500 OF 2009 (Arising out of SLP(C) No.13737/2006) C.A.NO.501 OF 2009
(Arising out of SLP(C) No.10499/2006) C.A.NO.502 OF 2009 (Arising out of SLP(C)
No.15584/2006) C.A.NO.503 OF 2009 (Arising out of SLP(C) No.12441/2006)
C.A.NO.504 OF 2009 (Arising out of SLP(C) No.13087/2006) C.A.NO.505 OF 2009
(Arising out of SLP(C) No.13761/2006) C.A.NO.506 OF 2009 (Arising out of SLP(C)
No.14344/2006) C.A.NO.507 OF 2009 (Arising out of SLP(C) No.14345/2006)
C.A.NO.508 OF 2009 (Arising out of SLP(C) No.1242/2007) C.A.NO.509 OF 2009
(Arising out of SLP(C) No.14296/2006) ORDER Leave granted.
The appellants before
us are running hospitals/clinics and diagnostic centres in the State of Jammu
and Kashmir. In a public interest litigation filed before the High Court of
Jammu & Kashmir, the Division Bench of the High Court gave -2- certain
directions regarding basic infrastructure facilities which are to be provided in
the hospitals and other clinical establishments. The petitioner in the public
interest litigation alleged that many of the hospitals in the State of Jammu
and Kashmir are not having adequate facilities and State Authorities are not
taking care to insist that basic facilities should be there in the hospitals.
It is alleged that licenses are issued for running these type of institutions
without being any proper guidelines and requested the High Court to issue
appropriate guidelines. The High Court considered these matters and directed
the Chief Secretary of the State of Jammu and Kashmir to constitute a committee
to be headed by Principal Secretary to Government, Health and Medical Education
Department and comprising of two Principals, Government Medical Colleges at
Srinagar and Jammu; two Principals of Government Dental Colleges at Srinagar
and Jammu; two Directors of Health Services of Kashmir and Jammu Provinces;
Director, Sher-i-Kashmir Institute of Medical Sciences, Soura, Srinagar and
Chief Engineer of UEED, and the committee was directed to evolve and formulate
suitable criteria/norms for registration of private hospitals/nursing homes and
clinical establishments/laboratories. The Committee submitted a report and also
opined that the norms should be established for hospitals, clinics, nursing
homes and -3- diagnostic centres. This was approved by the Government and
issued in the Form - Norms for Registration & Licensing of Nursing Homes
and Clinical Establishments-2006. The hospitals were divided into two
categories - nursing homes upto 25 beds and nursing homes above 25 beds.
Detailed guidelines have been given regarding the various facilities that are
to be made available to the patients. The present appellants before us who are
running hospitals/nursing homes/clinics have already been given licenses by the
The learned counsel
appearing for the appellants contended before us that these appellants are
running these institutions for the last several years and some of them are
situated within the city limits of Jammu and Srinagar and it is difficult for
them to acquire more space to provide these facilities. It is also contended
that if these additional facilities are provided, the expenses for health care
itself will go up and ordinary citizens will not be able to avail the benefits
of these private hospitals. It is also argued that these sophisticated
facilities could be provided only by few private hospitals which has got
enormous economic power and appellants would not be in a position to give all
appearing for the State contended that these guidelines have been issued after
considering all relevant facts and they are basically essential for providing
-4- the health care to the citizens of the State. It is also argued that if any
of the hospitals/clinics or other centres do not have these facilities they can
seek exemption upto 25% as provided in the guidelines.
Our attention was
drawn to the various parameters which are laid down in the guidelines. Care has
been taken to provide facilities to the patients by the health care units. We
do not think that these norms are violative of any rights of the appellants.
However, we have noticed that all these hospitals/clinics and other centres had
been in existence for fairly a long period and they had started these units
under proper license on the basis of the then existing rules. The hospitals
owned by these appellants are lacking any of the facilities which are to be
provided as per the new guidelines, they are to be given six months time to
update the facilities in accordance with the norms laid down by the Government.
If any structure or alteration is required for hospital/building, the
appellants be given one year time to comply with it. If the appellants are seeking
exemption of the guidelines or modification, they may file proper application
to the Director of Health Services and it is for the Director of Health
Services to consider the individual -5- application and on hearing the
appellants may pass appropriate orders regarding 25% exemption permissible as
per the guidelines.
The appeals are
disposed of accordingly.
.....................J (J.M. PANCHAL)