Municipal Corporation Lacks Power To Seal Nursing Home Under Chhattisgarh Nursing Home Law: High Court
The Chhattisgarh High Court has held that a Municipal Corporation has no statutory power under the Chhattisgarh Nursing Home Act and Rules to seal a nursing home. The Court observed that the regulatory and supervisory jurisdiction over clinical establishments is vested in the District Collector, and the Municipal Commissioner lacks statutory competence to exercise such powers.
Justice Amitendra Kishore Prasad was hearing a writ petition filed challenging the notice issued by the Commissioner, by which the petitioner's nursing home was sealed over alleged irregularities, non-compliance with the Nursing Home Act and failure to comply with Bio-Medical Waste Management requirements.
The petitioner contended that the impugned notice and the act of sealing are completely without jurisdiction as the concerned Commissioner, Municipal Corporation, lacks the authority to take such action. It was further submitted that by failing to appreciate the material records and proceeding to seal the premises without the authority of law, the respondents violated the fundamental right of the petitioner to carry on trade and business under Article 19(1)(g) of the Constitution of India, rendering the impugned action null and void.
The Court noted that Section 9 of the Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Adhiniyam, 2010 exclusively governs cancellation or suspension of a nursing home licence. It requires the Supervisory Authority to issue a 30-day notice containing the grounds for the proposed action, afford an opportunity of hearing and pass a reasoned speaking order.
The Court held that the Municipal Corporation had neither been conferred with any power to grant, regulate or revoke licences nor possessed any statutory power under the Act or Rules to seal a nursing home. Consequently, the Municipal Commissioner had committed an error of law in issuing the notice and sealing the premises.
“The Municipal Corporation, Durg, has neither been conferred with any power to grant, regulate or revoke licenses nor does it possess any statutory power under the Act or Rules to seal a Nursing Home. Therefore, the Municipal Commissioner, having no statutory competence in this domain, committed a manifest error of law in issuing the notice dated 15.12.2022 and sealing the nursing home,” the Court remarked.
The Court also noted that the Municipal Corporation had previously admitted before the Court that the District Collector was the competent authority under the Nursing Home Act.
The Court clarified that the petitioner remained bound by the Bio-Medical Waste Management regulations and statutory licensing requirements, and that the competent authority could initiate appropriate proceedings in accordance with law in the event of any violation.
Accordingly, the Court quashed the notice dated December 15, 2022, and the consequential sealing of the nursing home, and disposed of the writ petition.
Case Title: Dr. Shyama Agrawal v. State of Chhattisgarh & Ors. [WPC No. 5701 of 2022]