DELHI MEDICAL ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE petitions and appeals raise similar questions and are accordingly being disposed of by this common judgment. The lead petition, Writ Petition (C) No. 4233 of 1993 by the Delhi Medical Association seeks a declaration that Rule 3 of the Delhi Nursing Home (Amendment) Rules 1992 is ultra vires the Delhi Nursing Homes Registration Act 1953 (Act) and is also arbitrary and discriminatory and therefore violative of Articles 14 and 19 (1) (g) of the Constitution of India. The other prayer in the writ petition is for a direction to the Respondents not to give effect to the said Rule 3 and to register all nursing homes which are eligible for registration under the Act without insisting on the fulfillment of the conditions prescribed under the impugned Rule 3. 1. 2 It was submitted at the outset by counsel for the petitioners that with the changes brought about by the Master Plan for Delhi (MPD) 2021 and the introduction of the mixed land use norms, the questions arising in the present batch of petitions ought to be left unanswered and that the petitioners case be directed to be considered by the Respondents under the new norms. This court is not inclined to accept this plea since the principal questions concerning the Act are bound to recur notwithstanding the new MPD norms. The petitioners have been protected from adverse consequences of the law on account of the interim orders which have operated for over a decade. It is therefore important and necessary for this Court to deal with the contentions raised on merits. The Provisions of the Act and the progressive changes to the Rules

(2.) THE Delhi Nursing Homes Registration Act, 1953 (Act) was enacted to provide for the registration and inspection of nursing homes in the State of delhi. Under Section 2 (iv) of the Act, a nursing home has been defined thus: " (iv) Nursing Home means any premises used or intended to be used for the reception of persons suffering from any sickness injury or infirmity and the providing of treatment and nursing for them and includes a maternity home, and the expression `carry on nursing home means to receive persons in a nursing home for, any of the aforesaid purposes and to provide treatment or nursing for them. "

(3.) SECTION 3 prohibits the running of a nursing home without registration. The said provision reads as under: "3. Prohibition to carry on nursing home without registration No person shall carry on a nursing home unless he has been duly registered in respect of such nursing home and the registration in respect has not been cancelled under section 7. Provided that nothing in this section shall apply in the case of a nursing home which is in existence at the date of the commencement of this Act, for a period of three months from such date or if an application for registration is made within that period in accordance with the provisions of section 4 until such application is finally disposed of. "