JYOTISH MEMORIAL HOSPITAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE extra ordinary jurisdiction of this Court is sought to be invoked against the order dated 30. 6. 2006 of the District Magistrate, Dibrugarh, directing closure of the petitioner hospital and the notice dated 1. 11. 2006 of the Director of Health Services, Assam withdrawing the 'no objection certificate' dated 13. 9. 2006 permitting its provisional operation pending registration under the Assam Health Establishment Act, 1993 (hereinafter referred to as the 'act') and for grant of licence thereunder. In the face of intervening developments during the pendency of this proceeding the challenge stood extended also to the minutes of the meeting of the Scrutiny committee under the Act held on 7. 8. 2006 and 18. 8. 2006 as well as the enquiry report dated 6. 3. 2007 and the decision of the State Health Authority (hereinafter referred to as the 'authority') dated 14. 3. 2007 on the basis thereof withholding the registration and the licence to it.

(2.) I have heard Mr. P. J. Saikia, learned counsel for the petitioner. Mr. D. Saikia, learned Standing Counsel, Health and Family Welfare Department, Govt. of Assam and Ms. V. L. Singh, learned State counsel for the other official respondents.

(3.) FIRST the pleaded facts as projected by the petitioners. The petitioner No. 1 has described itself as a company registered under the Companies Act, 1956 with the petitioner No. 2 as its Managing Director, the objectives amongst others being to establish, acquire, maintain, run and to carry on profession and business of heath care, diagnostic center, hospitals etc. The petitioners constructed a hospital/nursing home at Seujpur and applied for its registration under the Act inter alia depositing the necessary fee therefor. The hospital started functioning with effect from 2. 10. 1996 after obtaining a Trade Licence from the Dibrugarh Municipal Board. It applied for a "no objection Certificate" from the Pollution Control Board, Assam and the hospital was made operational by paying necessary fee, tax etc. as required under the law. On several occasions thereafter the petitioners requested the concerned authorities for the issuance of formal licence/registration, but the issue was kept pending. The inspecting officers under the Act however, at regular intervals visited the petitioner hospital and issued necessary instructions whenever deemed warranted. Nothing adverse either was commented upon or determined by them against the petitioner hospital. The petitioners in the meantime, had also obtained the registration under the Pre Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (herein after referred to as the 'act of 1994') and the 'no Objection Certificate' from the Pollution Control Board, Assam.