Case Note & Summary
The petitioner, Mr Anthony Joseph Savio Furtado, filed a writ petition before the High Court of Bombay at Goa alleging that respondent no.4, Dr Suyog Samuel Arawattigi, was operating a full-fledged clinical establishment under the name 'Nagzarkar Hospital & Clinic' at Chinchinim, Salcete, Goa without any provisional or final registration under the Goa Clinical Establishments (Registration And Regulation) Act, 2019. The petitioner contended that this was a flagrant breach of Section 8 of the Act, which mandates registration for all clinical establishments. Despite complaints made to the authorities, no action was taken. The court heard the petitioner's counsel, the Advocate General for the State, and the counsel for respondent no.4. The court examined the definition of 'clinical establishment' under Section 2(c) of the Act and noted that the respondent's establishment clearly fell within the definition. The court observed that the Act came into force on 23.09.2019 and extends to the whole of Goa. The court directed the District Registering Authority (respondent no.2) to cause an inspection of the premises of respondent no.4 within two weeks and submit a report. Based on the report, the authority was directed to take appropriate action in accordance with law, including prosecution if warranted. The court also directed the State to file an affidavit of compliance within four weeks. The petition was disposed of with these directions.
Headnote
A) Clinical Establishments - Registration - Mandatory Registration - Section 8 of Goa Clinical Establishments (Registration And Regulation) Act, 2019 - The petitioner alleged that respondent no.4 was operating a full-fledged clinical establishment without any provisional or final registration under the Act. The court held that the authorities must take action upon complaint and directed inspection and report within two weeks. (Paras 3-10) B) Clinical Establishments - Definition - Section 2(c) of Goa Clinical Establishments (Registration And Regulation) Act, 2019 - The court examined the definition of 'clinical establishment' and found that the respondent's hospital/clinic fell within the ambit. (Para 5) C) Clinical Establishments - Penalty for Non-Registration - Section 8 of Goa Clinical Establishments (Registration And Regulation) Act, 2019 - The court noted that operating without registration is a breach of Section 8 and directed the authorities to take appropriate action including prosecution if warranted. (Paras 8-10)
Issue of Consideration
Whether the 4th respondent is operating a clinical establishment without registration under the Goa Clinical Establishments (Registration And Regulation) Act, 2019, and whether the authorities are obligated to take action upon complaint.
Final Decision
The court directed the District Registering Authority (respondent no.2) to cause an inspection of the premises of respondent no.4 within two weeks and submit a report. Based on the report, the authority shall take appropriate action in accordance with law, including prosecution if warranted. The State to file an affidavit of compliance within four weeks. Petition disposed of.
Law Points
- Mandatory registration of clinical establishments
- duty of registering authority to act on complaints
- non-compliance with Section 8 of Goa Clinical Establishments (Registration And Regulation) Act
- 2019
