Bombay High Court Orders Immediate Shutdown Of Unregistered Clinic, Grants Conditional Reopening Upon Compliance
The Bombay High Court found "Nagzarkar Hospital & Clinic" in Goa operating without proper registration under the Goa Clinical Establishments (Registration and Regulation) Act, 2019. The Court deemed the presented order insufficient for provisional registration, leading to an immediate cessation of operations. In this case, the petitioner filed a complaint stating that the fourth respondent was operating a clinical establishment named "Nagzarkar Hospital & Clinic" in Goa without proper registration under the Goa Clinical Establishments (Registration and Regulation) Act, 2019. The Act defines a clinical establishment and outlines the procedures for provisional and permanent registration. The petitioner alleged that despite complaints, the authorities took no action against the unregistered establishment.
A Division Bench of Justice M.S. Sonak and Justice Bharat P. Deshpande further held, “we clarify that if and when the fourth respondent obtains permanent registration under the said Act, the fourth respondent would be allowed to re-open and re-commence the clinical establishment. This is subject to compliance with all or any other legislation or rules in force.”
Advocate Abhay Nachinolka appeared for the Petitioner and Advocate D. Pangam appeared for the Respondents.
Upon examination, the Court found that the establishment indeed lacked proper registration. The respondent had presented an order which the Court deemed insufficient for provisional registration. The Court said, “On perusing the Order, we find it difficult to accept that this constitutes provisional registration. Firstly, this order is made only by the Chairperson of the District Registering Authority and not by the authority itself, which is the requirement of the said Act. Secondly, this order was made in the context of certain civil disputes which are not strictly speaking relevant at least for the purpose of the issue raised in this petition.” The Court noted that even if this order were considered provisional registration, it would have expired by July 8, 2023, as per the Act's provisions.
The Court ordered the respondent to cease operations immediately, assuring that patients currently admitted could be discharged without any medical issues. The Court said, “Otherwise, we were contemplating a direction upon a doctor from the Government District Hospital to visit the fourth respondent’s clinical establishment, examine the admitted patients and make all arrangements for their treatment or transfer to Government or private hospitals as per the choice of the said patients and their relatives. However, now that Mr Wagle, on instructions assures us that eight to ten patients who are admitted can be discharged by this evening or, at the latest, by tomorrow without any medical issues, we do not adopt the course of action which we had earlier proposed.”
The respondent assured the Court that an application for permanent registration would be submitted within ten days. The Court directed the District Registering Authority to process the application within 45 days of its receipt, following proper legal procedures.
Additionally, the Court clarified that if the respondent obtained permanent registration in the future, they could reopen the clinical establishment, subject to compliance with all relevant laws.
The respondent's assurances were accepted as undertakings to the Court, and compliance with these undertakings was mandated. The case was disposed of without any costs imposed on either party.
Cause Title: Anthony Joseph Savio Furtado v. State of Goa & Ors.
Click here to read/download Judgment