Inadequacies in Delhi Nursing Home Registration Act: HC directs Delhi Govt to consider matter

New Delhi: While considering a Public Interest Litigation (PIL), the Delhi High Court has recently directed the Delhi Government and the concerned authorities to consider the representation that highlighted all the inadequacies in the Delhi Nursing Home Registration Act, 1953.

Granting eight weeks' time to Government of NCT of Delhi, the HC division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of the second round of litigations filed by the petitioner.

Referring to the earlier order issued by the Court back in 2020, the HC bench noted, “the Writ Petition was disposed of by this Court with a liberty to the Petitioner to submit a representation to the authorities highlighting all the deficiencies or inadequacies in the Delhi Nursing Home Registration Act, 1953 and the Respondents were directed to consider the said representation”.

"Learned Counsel for the GNCTD has submitted before this Court that the representation made by the Petitioner has been received and the same shall be considered and the State will pass appropriate orders in accordance with law. He prays for eight weeks’ time to dispose of the representation. He has assured this Court that all the genuine prayers made by the Petitioner shall be looked into...In light of the aforesaid, no further orders are required to be passed in the instant Writ Petition," the bench further observed.

Filing the plea, the petitioner Jyoti Nambiar urged the court to pass direction to the Government authorities for submitting a report regarding the registered and unregistered nursing homes, medical centers and hospitals operating in National Capital territory of Delhi. The plea also sought to know about what action was taken against the unregistered hospitals, nursing homes, maternity centers.

The petitioner also sought directions to the authorities for submitting reports regarding cases where licences got revoked and registration was denied on the basis of the inspections of private nursing homes, hospitals, and maternity centres.

This was the second round of litigation filed by the petitioner, who back in 2020 had urged the court to set up an expert committee/commissions to look into the lacunas, loopholes, omission and ineffective and in complete provisions of Delhi Nursing Home Registration Act, 1953 and the rules under the Act. 

Back then, observing that the petitioner had sought amendments in Delhi Nursing Home Registration Act, 1953, the HC bench had opined, "...the better course would be for the petitioner to make a representation instead of inviting an order of this Court since this Court cannot issue any writ, much less a writ of mandamus, giving a direction to amend the law."

Therefore, in the order dated 20.08.2020, the Delhi HC bench had allowed the petitioner liberty to make a representation to the government authorities highlighting all the deficiencies or inadequacies in the Delhi Nursing Home Registration Act, 1953.

Considering the recent plea by the petitioner, the HC bench referred to its earlier order and noted,

"The aforesaid order makes it very clear that the Writ Petition was disposed of by this Court with a liberty to the Petitioner to submit a representation to the authorities highlighting all the deficiencies or inadequacies in the Delhi Nursing Home Registration Act, 1953 and the Respondents were directed to consider the said representation."

At this outset, the bench also noted that the counsel for GNCTD submitted that representation made by the Petitioner has been received and the same shall be considered and the State will pass appropriate orders in accordance with law.

Therefore, granting the Government eight weeks' time for the same, the HC bench disposed of the plea.

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/delhi-hc-bench-202830.pdf

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