Delhi Govt says Clinical Establishment Act not applicable to NCT

The division bench headed by Chief Justice Satish Chandra Sharma has listed the matter on January 11, 2023, for further hearing. Advocate Shashank Deo Sudhi alleged that illegal pathology laboratories are running in Delhi.
Delhi High Court
Delhi High CourtFile

NEW DELHI: The Delhi Government has filed an affidavit on the Public Interest Litigation (PIL) seeking legal action against the pathology laboratories running illegally in the national capital of Delhi. The Delhi government has stated that the Clinical Establishment Registration Act, 2010 doesn't apply to Delhi. The affidavit stated that, till the finalisation of the Delhi Health Bill, Delhi Government had passed an order to bring uniformity and standardization in the functioning of the pathological laboratories in the NCT of Delhi.

The division bench headed by Chief Justice Satish Chandra Sharma has listed the matter on January 11, 2023, for further hearing. Advocate Shashank Deo Sudhi alleged that illegal pathology laboratories are running in Delhi.

The court had on May 30, 2022, directed the Delhi Government to verify the said allegations and, if it is found true, to take suitable action in accordance with the law. The Delhi Government had informed the court that the Delhi Health Bill, 2019 is in the process of being finalised.

The court had further directed to expedite the process of finalisation of the said bill. However, if the said process is likely to take a long time, the Delhi Government is directed to consider the feasibility of implementing The Clinical Establishment (Registration and Regulation) Act, of 2010. The Delhi Government submitted that as per Section 56 of the Clinical Establishment (Registration and Regulation) Act, 2010, the provisions of the Act shall not apply to the State in which the enactment as specified under the schedule are applicable.

It is also stated that at serial No. 3 of the said schedule, the Delhi Nursing Homes Registration Act, 1953 is enumerated which is the Act that it is in force within the territory of the NCT of Delhi. The reading of section 56 of the Act read with the Schedule indicates that it is not applicable to the NCT. The affidavit filed by the Delhi Government has also submitted that in the meantime, till the finalisation of the Delhi Health Bill, the Health Department has passed an order on May 31, 2022, in order to bring uniformity and standardization in the functioning and the pathological laboratories in the NCT of Delhi.

It is also submitted that the Delhi Health Establishment (Registration and Regulation) Bill, 2022 has already passed through various stages of finalisation.

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