Supreme Court - Daily Orders
North Gujarat Unit Of Association Of ... vs North Gujarat Pathologists ... on 12 September, 2017
Bench: Ranjan Gogoi, Abhay Manohar Sapre, Navin Sinha
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ITEM NO.3 COURT NO.3 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 28529/2010
(Arising out of impugned final judgment and order dated 17-09-2010
in SCA No. 17485/2006 passed by the High Court of Gujarat at
Ahmedabad)
NORTH GUJARAT UNIT OF ASSOCIATION
OF SELF EMPLOYED OWNERS
(PARAMEDICAL) OF PRIVATE PATHOLOGY
LABORATORIES OF GUJARAT Petitioner(s)
VERSUS
NORTH GUJARAT PATHOLOGISTS ASSOCIATION & ORS Respondent(s)
WITH
SLP(C) No. 6325/2009 (IV-A)
FOR CONDONATION OF DELAY IN FILING ON IA 1/2008)
SLP(C) No. 6323/2009 (IV-A)
(FOR CONDONATION OF DELAY IN FILING ON IA 1/2008)
SLP(C) No. 6322/2009 (IV-A)
(FOR CONDONATION OF DELAY IN FILING ON IA 1/2008
FOR [PERMISSION TO FILE ANNEXURES] ON IA 2/2009)
SLP(C) No. 6324/2009 (IV-A)
(FOR CONDONATION OF DELAY IN FILING ON IA 1/2008)
SLP(C) No. 8147/2009 (IV-A)
SLP(C) No. 32596/2010 (III)
Date : 12-09-2017 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
HON'BLE MR. JUSTICE NAVIN SINHA
For Parties Mr. Ranjit Kumar, SG
Mr. Atulesh Kumar, Adv.
Signature Not Verified
Ms. Binu Tamta, Adv.
Digitally signed by
NEETU KHAJURIA
Date: 2017.09.14
Mr. G.S. Makker, Adv.
18:44:45 IST
Reason:
Mr. Shivaji M. Jadhav, AOR
Mr. Brij Kishor Sah, Adv.
Ms. Astha Deep, Adv.
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Mr. B. S. Banthia, AOR
Mr. Mishra Saurabh, AOR
Mr. Ankit Kr. Lal, Adv.
Mr. Rahul Gupta, AOR
Mr. Manoj K. Mishra, AOR
Mr. Umesh Dubey, Adv.
Mr. Vikas Singh, Sr. Adv.
Mr. Gaurav Sharma, AOR
Mr. Prateek Bhatia, Adv.
Mr. Dhawal Mohan, Adv.
Ms. Amandeep Kaur, Adv.
Ms. Deepeeka Kalia, Adv.
Mr. Amit Kumar, AOR
Ms. Minakshi Vij, AOR
Mr. Anil Kumar Mishra-I, AOR
Mr. Pranjal Kishore, Adv.
Mr. S. Nithin, Adv.
Mr. Abhinav Mukerji, AOR
Ms. Bihu Sharma, Adv.
Ms. Purnima Krishna, Adv.
Mr. Siddharth Garg, Adv.
Ms. Hemantika Wahi, AOR
Ms. Puja Singh, Adv.
Ms. Mamta Singh, Adv.
Ms. Shodhika Sharma, Adv.
Mr. Varinder Kumar Sharma, AOR
Ms. Parul Sharma, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Learned Solicitor General, who has appeared in these cases, has drawn the attention of the Court to the Clinical Establishments (Registration and Regulation) Amendment Bill, 2016, which is stated to be under consideration.
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Learned solicitor has also pointed out that certain guidelines under Section 12 of the Act read with Rule 9(3) of the Rules have been circulated and objections have been invited. The said guidelines are available on record.
It is further submitted that various associations have participated in the discussions and the guidelines presently are at draft stage and will be finalized soon.
We have perused the said guidelines and it is our considered view that guidelines Nos. 5.4 and 5.5, if finalized, will adequately take care of the issues arising subject to the concerned states choosing to adopt the provisions of the Act and the Rules framed thereunder as contemplated under Section 1(3) and Section 56 of the Act. To enable the exercise to be completed we adjourn the cases to 6th December, 2017 by which date the learned Solicitor General will inform the Court about the progress achieved in respect of finalization of the guidelines as well as the amendments proposed to the Act.
(NEETU KHAJURIA) (ASHA SONI) COURT MASTER BRANCH OFFICER