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2006 DIGILAW 1398 (DEL)

AGGARWAL MULTI-SPECIALITY HOSPITAL v. GOVT OF NCT OF DELHI

2006-08-22

ANIL KUMAR

body2006
ANIL KUMAR, J. ( 1 ) (ORAL)ISSUE rule. With the consent of the parties the matter is taken up for final disposal. ( 2 ) THIS is a petition under Article 226 of the Constitution of India by the petitioner claiming inter alia that no coercive action be taken against the petitioner's nursing home, ?aggarwal Multi-Speciality Hospital?, on account of non registration of the nursing home for non-compliance of Rule 3 of delhi Nursing Homes Registration (Amendment) Rules, 1992. The petitioner had applied for registration of the nursing home for the year 2006-2007 on 1st May, 2006 and had paid the necessary fee of Rs. 1000/- by way of Bank Draft/p. O bearing No. 506505 drawn on Canara Bank, Shastri Nagar, Delhi, however, the nursing home of the petitioner has not been registered. ( 3 ) THE learned counsel for the petitioner stated that respondent Nos. 2 and 3 are not issuing the registration certificate and are rather threatening that the coercive steps shall be taken against the petitioner though petitioner's nursing home is stated to fulfill all other conditions as required under the provisions of The Delhi Nursing Homes Act, 1953 except rule 3 of the nursing Home Registration (Amendment) Rules, 1992. The petitioner asserted that in view of pendency of various writ petitions in respect of other nursing homes and in view of the pendency of writ Petition No. 4233/1993 before a Division Bench, the registration certificates have been issued by the respondents to other medical centers and nursing homes despite non compliance of rule 3 of the nursing Home Registration (Amendment) Rules, 1992 by such other medical centers but not to the petitioner. ( 4 ) THE dispute seems to be mainly regarding Rule 3 of Delhi nursing Home Registration (Amendment) Rules, 1992, dispute about which, whether is it required or not, is pending adjudication before the division bench in civil Writ Petition no. 4233 of 1993. Therefore, considering the facts and circumstances, the writ petition is disposed of with a direction to the respondents not to advert to Rule 3 of Delhi nursing Home Registration (Amendment) Rules, 1992 till the disposal of the said Writ Petition No. 4233/1993 by the Division Bench at the time of consideration of the applications of the petitioner for registration of his medical centre since 2003-2004. ( 5 ) THE learned counsel for the respondents stated that the petitioner's applications for registration shall be considered and disposed of within 60 days by the respondents and till then no coercive steps shall be taken against the petitioner till the disposal of his applications. ( 6 ) THEREFORE the applications for registration be disposed of within sixty days without adverting to rule 3 of the Delhi Nursing Home Registration (Amendment) Rules, 1992 and till then no coercive steps be taken against the hospital/nursing home of the petitioner. It is also clarified that after disposal of petitioner's applications without adverting to Rule 3 of Delhi nursing Home Registration (Amendment) Rules, 1992, the petitioner shall have liberty to approach this Court, if required, by way of fresh petition. With these observations the writ petition is disposed of. All interim applications are also disposed of.