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2006 DIGILAW 1419 (DEL)

EKANSH NURSING HOME v. GOVT OF NCT OF DELHI

2006-08-23

ANIL KUMAR

body2006
ANIL KUMAR, J. ( 1 ) ISSUE rule. With the consent of the parties the matter is taken up for final disposal. 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, "ekansh Nursing Home", 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's nursing home was registered for the year 2003-2004 under the Delhi Nursing Home Registration Act, 1953 and a Registration Certificate bearing No. DHS/nh/2003-2004/657 dated 23. 9. 2002 was issued. Thereafter, petitioner has applied for renewal of the registration of the Nursing Home, however, the same has not been done. The petitioner had also paid the renewal fees by pay order No. 002632/2005 dated 10. 2. 2006 for Rs. 100/- drawn on Corporation Bank, Bawana, Delhi and another pay order No. 002631/2005 dated 10. 2. 2006 for Rs. 510/- drawn on Corporation Bank, bawana, Delhi, for 2006-07, however, the registration has not been renewed. 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's nursing home was registered in 2003-2004. ( 2 ) 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 and renewed by the respondents of 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/nursing homes but not to the petitioner. 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. 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. ( 3 ) 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 ursing 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/renewal of his nursing home/medical centre since 2003-2004. ( 4 ) 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. 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.