Delhi High Court
Ms. Jyoti Nambiar vs Govt Of Nct Of Delhi & Ors. on 20 August, 2020
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 20th August, 2020
+ W.P.(C) 5481/2020
MS. JYOTI NAMBIAR ..... Petitioner
Through: Ms. Charu Sachdev, Advocate with
Petitioner-in-person and Mr.R.P. Panwar, Adv.
versus
GOVT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Sanjoy Ghose, ASC for GNCTD
with Ms. Urvi Mohan, Advocate
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
: D.N. PATEL, CHIEF JUSTICE (Oral)
Proceedings of the matter have been conducted through video
conferencing.
CM No.19757/2020 (exemption)
Allowed, subject to all just exceptions.
The application stands disposed of.
W.P.(C) No.5481/2020
1. This petition has been preferred as a Public Interest Litigation with
the following prayers:
"(i) To admit this petition as a public interest litigation
and summon the respondents in public interest.
(ii) To constitute an expert committee/commissions to
look into the lacunas, loopholes, omission and ineffective
and in complete provisions of Delhi Nursing Home
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:21.08.2020
09:51:21
Registration Act, 1953 and rules made there under.
(iii) To pass an order directing Respondent no. 1, 2, 3 &4
to submit report of the committee within a time frame,
before the Hon'ble Court.
(iv) To pass order directing all the respondents to form
guidelines for more vigilant and affirmative role in
registering and inspecting Private Nursing homes,
maternity centers and hospitals in NCT of Delhi and also
taking into account the points mentioned in the present
writ petition.
(v) To pass the directions to all the respondents to
submit report / data regarding registered and
unregistered nursing Homes, medical centers and
Hospitals operating in National Capital territory of Delhi
on present date.
(vi) To pass directions to all the respondents to submit
report on what action is taken against the unregistered
hospitals, Nursing Homes, maternity centers and how
many have been subsequently registered after action is
taken against them.
(vii) To pass the directions to all the respondents to
submit report /data regarding negligence cases that took
place & complaint received by them which are pending
or decided or disposed of against registered and
unregistered nursing Homes, medical centers and
Hospitals operating in National Capital territory of Delhi
between 1st Jan 2008 - 1st Jan 2020 and action taken by
them.
(viii) To pass directions to all the respondents to submit
report on cases where the licenses have been cancelled
and on cases where registration was refused based on
inspection of the private nursing home, hospital,
maternity center.
(ix) To pass the directions to the respondent no.1, 2, 3 &
4 to submit report /data regarding the method/procedure
adopted by them for inspection of registered and
unregistered nursing Homes, medical centers and
Hospitals operating in National Capital territory of
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:21.08.2020
09:51:21
Delhi.
(x) To pass the directions to the respondent no. 1, 2, 3 &
4 to submit report /data on how they keep vigilance over
the Private Nursing Homes, Maternity centers and
Hospitals by either suo moto, or on application or on
complaint.
(xi) To direct all the respondents to adhere to the
guidelines/rules framed by this Hon'ble court for taking
action against registered or unregistered Nursing Home,
Hospitals, medical centers who are found to be negligent
or there is lack of infrastructural facilities or not adhered
to rules formed in this context.
(xii) To direct all the respondents to take action against
registered and unregistered nursing Homes, medical
centers and Hospitals operating in National Capital that
are found to be negligent and against whom complaints
are pending before them."
2. In the writ petition, the petitioner has sought to point out several
deficiencies in the Delhi Nursing Home Registration Act, 1953. However,
learned counsel appearing for the petitioner submitted that it would suffice
for the disposal of this writ petition if liberty is reserved with the petitioner
to make a detailed representation to the concerned respondent authorities,
bringing to their notice the inadequate provisions in the Delhi Nursing Home
Registration Act, 1953 and the said representation is decided by the
respondents in accordance with law.
3. In view of the aforesaid limited submission, and also looking to the
fact that the petitioner is in search of substantial amendments in Delhi
Nursing Home Registration Act, 1953, 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
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Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:21.08.2020
09:51:21
a direction to amend the law.
4. Accordingly, the petitioner is at liberty to make a representation to the
respondent authorities highlighting therein all the deficiencies or
inadequacies in the Delhi Nursing Home Registration Act, 1953, as
mentioned in this petition, as well as the suggestions for further provisions
to be enacted in that regard. As and when any amendment(s) is/are to be
brought in the Delhi Nursing Home Registration Act, 1953, the defects
pointed out by the petitioner may be kept in mind by the concerned
respondent authorities.
5. With these observations, the writ petition is disposed of.
CHIEF JUSTICE
PRATEEK JALAN, J
AUGUST 20, 2020
pk
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:21.08.2020
09:51:21
