Delhi High Court
Dr. Suresh Gupta vs Govt. Of Nct Of Delhi And Ors. on 31 October, 2006
Author: A Kumar
Bench: A Kumar
JUDGMENT
Anil Kumar, J.
Rule
1. With the consent of the parties the matter is taken up for final disposal.
2. This is a petition under Article 226 of the Constitution of India by the petitioner claiming inter alia that no coercive action be taken against the petitioner's nursing home, Geetanjali Medical Centre, on account of non registration of his centre for non-compliance of Rule 3 of Delhi Nursing Homes Registration (Amendment) Rules, 1992 because of which the registration of nursing home of the petitioner has not been renewed. The petitioner had applied for registration of Geetanjali Medical Centre at 6426/8, Dev Nagar, Karol Bagh, New Delhi? 110 040 and the petitioner was issued a registration certificate bearing No.511 dated 22.7.2002 for the year 2002-2003. The petitioner applied for registration again for 2004-2005 and 2005-2006, however, the same has not been granted to the petitioner.
3. The learnde Counsel for the petitioner stated that respondent Nos.2 and 3 are not issuing the registration certificate and are rather threatening that the coercive steps shall be taken against the petitioner though petitioner's nursing home is stated to fulfilll all other conditions as required under the provisions of The Delhi Nursing Homes Act, 1953 except Rule 3 of the Nursing Home Registration (Amendment) Rules, 1992.
4. Mr. Midha learnde Counsel for the respondents have denied that the nursing home of the petitioner fulfillls other terms and conditions as stipulated in The Delhi Nursing Homes Act, 1953 and as contemplated under the Nursing Home Registration Rules, 1992
5. However, in view of pendency of various writ petitions in respect of other nursing homes and in view of the pendency of Writ Petition No.4233/1993 before a Division Bench, the learnde Counsel foe the petitioner submitted that the registration certificates have been issued by the respondents to other medical centers and nursing homes despite non compliance of Rule 3 of the Nursing Home Registration (Amendment) Rules, 1992. In the circumstances, the learnde Counsel for the petitioner restricts his relief to consideration of his application for renewal without adverting to the Rule 3 of the Nursing Home Registration (Amendment) Rules, 1992.
6. The dispute regarding Rule 3 of Delhi Nursing Home Registration (Amendment) Rules, 1992, whether it is required to be complied with or not, is pending adjudication before the division bench in Civil Writ Petition no. 4233 of 1993.
7. The learnde Counsel for the petitioner contends that the application for renewal of registration of petitioner's nursing home can be disposed of without adverting to Rule 3 of the Delhi Nursing Home Registration (Amendment) Rule2, 1992 till the disposal of the writ petition no. 4233 of 1993 which is pending adjudication before a division Bench.
8. Therefore, considering the facts and circumstances, the writ petition can be disposed of with a direction to the respondents not to advert to Rule 3 of Delhi Nursing Home Registration (Amendment) Rules, 1992 till the disposal of the said Writ Petition No.4233/1993 by the Division Bench, at the time of consideration of the applications of the petitioner for registration of his medical centre.
9. The learnde Counsel for the respondents stated that the petitioner's applications for registration shall be considered and disposed of within 60 days by the respondents and till then no coercive steps shall be taken against the petitioner till the disposal of his applications on the ground that the nursing home of the petitioner does not comply with Rule 3 of the Delhi Nursing Home Registration (Amendment) Rules, 1992.
10. Therefore the applications for registration/ renewal of registration be disposed of by the respondents within sixty days without adverting to Rule 3 of the Delhi Nursing Home Registration (Amendment) Rules, 1992. The decision of the respondents, however, shall be subject to the decision of the Writ petition no. 4233 of 1993 by the division bench. Till the decision of the application for the renewal of registration of the Nursing Home of the petitioner, no coercive steps be taken against the nursing home of the petitioner for not complying with Rule 3 of Delhi Nursing Home Registration (Amendment) Rules, 1992. It is also clarified that after disposal of petitioner's application without adverting to Rule 3 of Delhi Nursing Home Registration (Amendment) Rules, 1992, the petitioner shall have liberty to approach this Court, if required, by way of fresh petition.
11. With these observations the writ petition is disposed of. All interim applications are also disposed of.
12. dusty to the parties.
