Telangana High Court
Dr. Arshad Ali Khan vs The State Of Telangana on 18 March, 2024
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
Writ Petition No.5537 of 2024
ORDER:
The present writ petition is filed to declare the action of the action of respondents more particularly respondent No.3 herein in rejecting the petitioner's application dated 11.07.2023 seeking grant of provisional license for running clinic on Ground+First floor, under the name and style of 'Arsh Health Care' at H.No.16-4-713/A, new road, chanchalguda, Hyderabad vide Rc.No.4587/DRA/DM&HO/Hyd/202/615 dated 27.07.2023 in utter disregard to an in violation of Section 16 of the Clinical Establishments (Registration and Regulation) Act, 2010 read with Rule 22 of the Telangana Clinical Establishments (Registration and Regulation) Rules, 2022 notified vide G.O.Ms.No.64, by Health, Medical and Welfare Department dated 14.06.2022 and not granting the same despite the petitioner herein submitting a detailed reply dated 05.08.2023 to the impugned rejection order as illegal and arbitrary and consequently set 2 aside the impugned order passed by respondent No.3 dated 27.07.2023.
2. On 01.03.2024, this Court has passed the following order:
"Notice before Admission.
Learned Government Pleader for Medical and Health takes notice on respondent Nos.1 to 3.
Learned counsel for the petitioner submits that the petitioner is the doctor, having registered himself with Telangana State Medical Council vide Sl.No.16924 and to help and cater the economically backward sections of his locality, petitioner intended to start his own hospital at Ground + First and upper floors at H.No.16-4-713 and 16-4-713/A, situated at New Road, Chachalguda, Hyderabad, under the name and style of 'M/s.Arshad Children's Hospital'. Upon objections from the authorities, petitioner filed W.P.No.30871 of 2022 and W.P.No.7936 of 2023. However, later had withdrawn the said writ petitions. It is further submitted that petitioner has shifted the said hospital at H.No.16-8-834, situated at Hockey Ground lane, Malakpet, Hyderabad and the 3 provisional certificate to run hospital was also issued to the petitioner on 22.09.2023.
Learned counsel for the petitioner submitted that in accordance of Rule 20(1) of the G.O.Ms.No.64 dated 14.06.2022, the petitioner on 11.07.2023 made an application for Provisional Registration of Clinical Establishments (under Section 14 of the Clinical Establishments (Registration and Regulation) Act, 2010) and sought permission from the respondent authorities to run outpatient clinic at H.No.16-4-713/A, New Road, chanchalguda Hyderabad, under the name and style of 'Arsh Health Care'. It is further submitted that the same was rejected vide Rc.No.4587/DRA/DM&HO/Hyd/202/615 dated 27.07.2023. Aggrieved by the same, present writ petition is filed.
Learned Government Pleader appearing for respondents had placed instructions issued by respondent No.3, wherein it was stated that upon valid objections raised by the respondent authorities, petitioner has submitted undertaking letter, requesting to grant some time for shifting the hospital from H.No.16-4-713, Chachalguda, to H.No.16-8-834, Malakpet. Thereafter, the respondent authorities on 22.06.2023 issued provisional certificate 4 No.38868 which is valid up to 21.06.2024. It was further stated that the petitioner's request for provisional registration of M/S.Arsh Health Care at H.No.16-4-713, Chachalguda, cannot be considered.
Learned counsel for the petitioner submitted that the hospital i.e 'M/s.Arshad Children's Hospital' at the old building is closed now and the petitioner is only requesting to grant permission to run a clinic under name and style of 'Arsh Health Care' and not a hospital, at H.No.16-4-713/A, New Road, Chanchalguda and with regard to the same, the petitioner vide reply notice dated 05.08.2023 has also submitted his explanation.
Having considered the above facts and circumstances, this Court deems it fit to direct the Respondent Authorities to conduct inspection at H.No.16-4-713/A, New Road, Chanchalguda and verify, whether the said place is suitable to run clinic or not and file the report of the same by the next date of hearing.
List on 11.03.2024."
3. Subsequent to the said orders, a report has been filed by respondent No.3. According to the said report, the Office of District Medical and Health Officer, Hyderabad 5 District has constituted enquiry committee and conducted inspection at H.No.16-4-713/A, New Road, Chanchalguda and submitted a detailed report along with relevant documents collected from the Hospital authorities. Thereafter, Senior Public Health Officer, UHNC:Malakpet, Hdyerabad District has addressed a letter to the District Medical and Health Officer dated 09.03.2024 enclosing a copy of the detailed inspection report of "Arsh Health Clinic" located at H.No.16-4-713/A, New Road, Chanchalguda, Malakpet, Hyderabad District.
4. It is submitted that Dr.Padmaja, Senior Public Health Officer, (I/C), UHNC Malakpet: Hyderabad District had visited the above said location on 09.03.2024 at 12.00 noon and conducted enquiry and submitted the report and in the report it is noted as follows:
(i) It is noted that, the building location H.No.16-4 713/A, New Road, Chanchalguda is Ground floor plus Six Floors building and it is noted that outside the building it is mentioned as "Arshad honspital, masked the name with paper and cello tape and nowhere mention as "Arsh Health Clinic".6
(ii) First Floor of building has single room with beds and name displayed as "Arshad Hospital" on doors which are partially masked and covered with paper sheets and tape.
(iii) 2nd floor marked as General ward where no beds are there.
(iv) 3rd floor bears as flexi of A1 Naafi Girls Hostel and beds are available in rooms.
(v) 4th floor has a General ward with available beds.
(vi) There is an operation theatre available with all the equipments on 5th floor of the building.
(vii) There are medical records and computer placed on the 6th floor.
(viii) On requesting regarding the permission letter from GHMC for running commercial establishment like clinic, Hospital etc., the administration personnel have submitted building permit order from GHMC town planning with file No.3/CA/01622/2018 dated 14.03.2018 with Permit No.3/C4/04598/2018 which mentioned number of floors as Ground plus one with only residential permit other floors permission is not mentioned in the document.
(ix) We have requested the management to submit the Fire Department NOC with regards to reference of Rc.No.15009/MSB/CR/RR/2013 dated 03.06.2017 of the Director General, Telangana State Disaster Response & Fire Services, Hyderabad. Circular memorandum stating buildings/premises which 7 required FIRE NOC Sl.No.12, Business E-2 mentions out patients, clinics, Laboratories, research establishments shall require FIRE NOC copy.
(x) There is no ramp available in the building in case of emergency movement of the patient."
5. Along with the said report, photographs have also been filed. It is evident from the photographs that there are no procedures pertaining to the Hospital, however, old remains of the said hospital can be seen from the photographs. There is no display of notice board and in the first floor there are some unoccupied beds and second floor was shown as General Ward and in the third floor it appears that there is a girl's hostel which is in no way concerned with the hospital, in the 5th floor there is operation theatre and the 6th floor is being used as office premises, however, no activity is noticed in the photographs.
6. Learned counsel for the petitioner submits that they have already shifted the hospital to H.No.16-8-834, situated at Hockey Ground lane, Malakpet, Hyderabad and has drawn attention of this Court to the reply notice issued 8 on 05.08.2023 and specifically submitted that petitioner has sought permission for establishing clinical establishment in the house bearing No.16-4-713 and 16-4- 713/A at Chanchalguda New Road, Hyderabad, in order to provide outpatient services only in the ground and first floors of said building for which the GHMC has already granted permission. As per the record, there is no activity pertaining to Doctors attending to patients and doing medical services but only the old remains of the hospital have been found. Learned counsel for the petitioner has not objected to the report filed by the District Medical and Health Officer and in view of the same the report is taken on record.
7. Since the petitioner is having valid permission, they can run clinical services. Learned counsel submits that these interim arrangements are only made for the purpose of reference so that the old patients should not suffer for identifying the hospital. However, the said clinic would only be considered only for outpatient services. 9
8. As there is no representation on behalf of the respondents, recording the submissions of learned counsel for the petitioner that they would not take up any hospital services in the said premises bearing Nos.16-4-713 and 16- 4-713/A, New Road, Chanchalguda, Hyderabad and that provisional certificate has been granted in the name of M/s.Arsh Health Care, they would confine their outpatient services only to ground and first floors of H.No.16-4-713 and 16-4-713/A, New Road, Chanchalguda, Hyderabad, this writ petition is allowed. However, the petitioners are directed to remove all the name boards of Dr.Arshad Hospital and shall make only a small board as 'Dr.Arsh Health Care' and shall remove beds and other equipments in the above floors within a period of two (2) months from the date of receipt of a copy of this order. It is further made clear that if any medical services is being taken up other than clinical services, we leave it open to the respondent / authorities to initiate appropriate action in accordance to law.
9. Therefore, the impugned order dated 27.07.2023 rejecting the application dated 11.07.2023 of the petitioner 10 for issuance of provisional certificate is hereby set aside and writ petition is allowed.
Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ N.V.SHRAVAN KUMAR, J 18.03.2024 MRM