FORTIS HOSPITAL LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is by M/s. Fortis Hospitals Limited challenging the order passed by the learned Single Judge, who after setting aside the impugned order and remanding the matter to the Authorities for fresh consideration issued a direction to the Appellant that they shall not perform any operations till the matter is decided by the appropriate authority within the stipulated time. Aggrieved by the said direction, this writ appeal is preferred.

(2.) THE appellant made three applications on 18.01.2010 for grant of Certificate of Registration to enable them to carry on Transplantation of Kidney, Liver, and other Abdominal Organs and cardiac, pulmonary, cardio-pulmonary transplantation. The report of the Appropriate Authority discloses that the application for harvesting and storage of Homograft was deffered as infrastructure was not available. However, the report stated that Hospital has all the required facilities in terms of infrastructure, equipments, Laboratories, Specialists, etc. Hence, the Committee recommended Transplantation of Kidney, Liver, Homograft (permitted only in usage). Therefore, on 25th March 2010 the Commissioner, Health and Family Welfare Services and Chairman of Appropriate Authority for Transplantation of Human Organs Act, 1994 granted Certificate of Registration for performing the Organ Transplantation of the Kidney, Liver, Homograft (permitted only usage).

(3.) AFTER lodging the complaint with the jurisdictional Police, the 4th respondent lodged a complaint to the Karnataka Medical Council on 02.06.2011 against the Hospital as well as two Doctors who were involved in the surgery. On receipt of the said complaint a notice was issued to the Doctors as well as to the Hospital on 08.06.2011 by the Karnataka Medical Council. The Medical Council after enquiry held as under :