APOLLO MULTISPECIALITY HOSPITALS LIMITED Vs. WEST BENGAL CLINICAL ESTABLISHMENT REGULATORY COMMISSION

JUDGEMENT

(1.) The petitioner no.1 is in the business of providing healthcare services and is a "Clinical Establishment" as defined under Sec. 2(c) of The West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017 ("the Act"). The petitioners pray for a Declaration as well as for Mandamus with regard to certain Advisories and an Order dtd. 2/7/2021, issued by the respondent West Bengal Clinical Establishment Regulatory Commission. The petitioners pray that the impugned Advisories and the Order be declared as discriminatory, perverse and without jurisdiction and a Mandamus be issued commanding the respondent to recall and rescind the impugned Advisories and the Order.

(2.) The 26 impugned Advisories between 27/7/2020 and 7/9/2021 and the impugned Order dtd. 2/7/2021 were issued by the respondent Commission for fixation of rates and charges by Clinical Establishments ("CEs") from patients in the State. The Advisories were meant for private hospitals and covers the petitioner no. 1.

(3.) According to learned counsel appearing for the petitioners, the impugned Advisories and Order were made without jurisdiction and are contrary to Sec. 38(1)(iv) of the Act. Counsel submits that the power to issue Advisories is circumscribed by the Act and specifically Sec. 38(1)(iv) thereunder. Counsel relies on the specific provision of Sec. 38(1)(iv), giving power to the Commission to fix rates and charges and urges that the Commission cannot hence exercise those powers under residuary provisions of the Act to fix rates and charges for the CEs in the State. It is submitted that even if the impugned Advisories are considered to be administrative instructions, the power to issue such Advisories cannot be delegated to the Commission.