Bombay High Court Takes Action Against Unregistered Clinical Establishment in Goa

The Bombay High Court has taken action against “Nagzarkar Hospital & Clinic” in Goa for its operation without proper registration under the Goa Clinical Establishments (Registration and Regulation) Act, 2019. The petitioner had lodged a complaint, alleging that the establishment was conducting its activities without the necessary registration, despite having previously reported this to the authorities.

A Division Bench comprising Justice M.S. Sonak and Justice Bharat P. Deshpande found that the order presented by the respondent was inadequate for provisional registration. This order, issued by the Chairperson of the District Registering Authority, did not meet the Act’s requirements and was related to civil disputes unrelated to the issue at hand. Furthermore, even if the order were considered as provisional registration, it would have expired as per the Act’s provisions.

Consequently, the Court ordered an immediate halt to the establishment’s operations, with a provision for discharging currently admitted patients without any medical issues. The respondent assured the Court that they would submit an application for permanent registration within ten days, and the Court directed the District Registering Authority to process this application following legal procedures within 45 days of its receipt.

The Court also clarified that if the respondent obtained permanent registration in the future, they would be permitted to reopen the clinical establishment, provided they adhered to all relevant laws. The respondent’s assurances were accepted as commitments to the Court and compliance with these commitments was mandated. The case was disposed off without imposing any costs on either party.

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