MP HC Calls For Status Report On Action Taken Against Errant Hospitals In Plea Challenging Irregularities In Granting Registration To Private Hospitals

While hearing a PIL pertaining to gross illegalities in grant of registration to private hospitals/nursing homes, the Madhya Pradesh High Court has directed the State to file a fresh status report for action being taken against erring hospitals.The division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “The respondents are directed to file a fresh status report for the action being taken against the erring hospitals within four weeks...As informed by the counsel for the State that the job of the committee is over and whatever reports are submitted to the State, the State is on the advanced stage to take action against the erring officers. As the counsel for the petitioner has supplied a copy of the questionnaire to the counsel for the State, the State is directed to take it into consideration and thereafter to take action as per law. Reply be filed within two weeks. In reply to be filed by the State, they will also indicate as to what action has been taken upon the questionnaire or whether the questionnaire has been taken into consideration or not.”The present public interest litigation was filed highlighting the gross illegalities and violation of the statutory provisions of law and guidelines issued by the State Government on the part of the respondent authorities, particularly the respondent No. 6/Chief Medical and Health Officer, in the matter of grant of registration of private hospitals/nursing homes in the city of Jabalpur.The counsel for the petitioner submitted that as per the information obtained by them under the Right To Information Act, 2005, there are 160 private hospitals/nursing homes in the city of Jabalpur operational in Jabalpur out of which 63 were granted registration between the years 2019-2021, which forms nearly 38% of the total number. The plea alleges that the registration permissions for setting up of new private hospitals/nursing homes in the city of Jabalpur are being granted by the respondent No. 6 in a casual manner without verifying the fact as to whether the applicant seeking registration has complied with the prescribed building requirement for setting up the hospital, whether adequate fire safety measures as per statutory requirements have been complied and whether the applicant had obtained Fire Safety NOC and Building Completion Certificate from the Municipal Corporation or not. It is alleged that simply on the basis of online application forms being submitted supported by photocopies of incomplete documents, the registration permission for setting up private hospitals/nursing homes in the city of Jabalpur were issued by the respondent No. 6.On April 3, 2024, the forth action report was filed. Thereafter, no status report was filed for the On April 3, 2025, the counsel for the State informed the Court that after filing the last status-report, the licences of two hospitals, namely, Apple Hospital situated and Kothari Hospital, Jabalpur was cancelled.On the same day, the Court directed the respondents to file a fresh status report for the action being taken against the erring hospitals within four weeks.Further, the petitioner submitted that though some of the doctors, issued an inspection report in favour of New Life Multispeciality Hospital and based upon their inspection report, the CMHO, Jabalpur issued the licence to the said hospital, but the said report was not found up to the mark. However, no action was taken against those doctors.Earlier, the State government had appointed a four members' committee to look into the issue raised in the present PIL and a report was submitted by the Committee. The Court directed the said report to be furnished to the concerned Station House Officer of the Police Station for Investigation of case in FIR No.195/2022 (Life Multispeciality Hospital Fire Incident).The counsel for the State informed the Court that the job of the committee was over and reports were submitted to the State and the State is on the advanced stage to take action against the erring officers.Thereafter, the Court directed the State to take it into consideration the questionnaire regarding questions related to illegalities in grant of registration to hospitals (in compliance with the oral direction given by the Hon'ble High Court on 10.04.2024) supplied by the Counsel for petitioner and thereafter, to take action as per law.“In reply to be filed by the State, they will also indicate as to what action has been taken upon the questionnaire or whether the questionnaire has been taken into consideration or not.”, the Court said.The matter is listed after six weeks.Case Title: Law Students Association MP Having Its Registered Office At B2 Samdariya Residency Near Beoharbagh P Vs The State Of Madhya Pradesh And Others, WP No. 1435 Of 2022Click Here To Read/Download Order

MP HC Calls For Status Report On Action Taken Against Errant Hospitals In Plea Challenging Irregularities In Granting Registration To Private Hospitals

Anukriti Mishra

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