LAWS(CHH)-2010-8-3

ASHOK KUMAR GUPTA Vs. STATE OF CHHATTISGARH

Decided On August 05, 2010
ASHOK KUMAR GUPTA Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) W.P. Nos. 1241, 1348 and 1794 of 2002 involve the common question of law and facts and, as such, they are being disposed of by this common order.

(2.) Challenge in these batch of petitions is to the letter dated 13-3-2002 (Annexure P-l) whereby according to the learned Counsel appearing for the petitioners, the petitioners, who are not admitting any in-patient or not maintaining a hospital or nursing home, have been directed to obtain license under the provisions of the Mental Health Act, 1987 (for short "the Act, 1987").

(3.) Case of the petitioners, in short, is that the petitioners are Psychiatrists and according to the petitioners, they are having clinics and are not running psychiatric hospitals or psychiatric nursing homes and, as such, they are not required to obtain license. Even the impugned letter dated 13-3-2002 is also clear on this aspect that psychiatric hospitals or psychiatric nursing homes are required to obtain license from the Competent Officer. Despite the clear language of the letter, the authorities are raiding all the clinics including those (Mr. Satish K. Agnihotri, J.) clinics where in-patients are not admitted and are not running psychiatric hospitals or psychiatric nursing homes, directing them either to close or obtain license from the Competent Officer. Thus, these petitions.