The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-Aug-2024 12:41:23 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). NO.16996 OF 2024 M/s. Chanakya Hospital, Cuttack …. Petitioner Mr. SK. Zafarulla, Advocate -versus- State of Odisha and others
Legal Reasoning
…. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel CORAM:
Decision
JUSTICE K.R. MOHAPATRA ORDER 06.08.2024 Order No. 02. 1. This matter is taken up through hybrid mode. 2. Petitioner in this writ petition seeks for a direction to the Collector and District Magistrate, Cuttack-Opposite Party No.3 to open the seal of the Petitioner-Hospital, namely, M/s. Chanakya Hospital, Cuttack for a period of one month for the purpose of inspection of the Fire Safety Department and for running the drug house and to conduct administrative work in the hospital. 3. Mr. Zafarulla, learned counsel for the Petitioner submits that on an earlier occasion, the Petitioner had moved this Court in W.P.(C).6847 of 2024 assailing the order/letter dated 11th March, 2024 issued by the Chief District Medical and Public Health Officer, Cuttack, whereby the Petitioner was instructed not to run the hospital without valid Clinical Establishment Registration. Considering the case of the Petitioner, this Court, vide order dated 25th April, 2024, disposes of the writ petition with the following direction: “6. Thus, this Court without expressing any opinion on the merits of the case of the Petitioner for grant of fire safety certificate or clinical establishment registration disposes of this writ petition with a direction that order/letter under Page 1 of 4 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-Aug-2024 12:41:23 Annexure-1 shall not be given effect to for a period of one month i.e. till 24th May, 2024. If no valid documents are filed or clinical establishment registration is granted by that time, order/letter under Annexure-1 shall be revive automatically. It is further observed that if, in the meantime, any untoward incident either fire accident or otherwise occurs, the management of the Petitioner shall be held responsible for the same.” It is submitted by Mr. Zafarulla, learned counsel that the 4. Petitioner could not produce the Clinical Establishment Registration as Fire Safety Certificate could not be obtained. At this juncture, the hospital has been sealed by the Chief District Medical and Public Health Officer, Cuttack-Opposite Party No.4 on 6th July, 2024. All the records concerning the Petitioner- hospital are available in the sealed premises. Due to non- production of the documents, as the premise is sealed, the inspection by the Fire Safety Department could not be conducted as yet and the inspection is being deferred. Thus, the Petitioner- hospital should be opened at least for a period of 15 days to get the record from the said premises and produce it before the authority to get the Fire Safety Certificate as well as for physical verification of the premises by the Fire Safety Department. This writ petition has been filed for the aforesaid relief only. 5. Mr. Mishra, learned Additional Standing Counsel, referring to the counter affidavit filed, hard copy of which is filed in Court today, submits that the direction was given by this Court vide order dated 25th April, 2024 in W.P.(C). No.6847 of 2024 to submit the Clinical Establishment Registration on or before 25th May, 2024. But, the Petitioner did not submit the same in due time. In non-compliance with the direction of this Court, the Petitioner-hospital was inspected on 6th July, 2024. During inspection, it was noticed that the Fire Safety Certificate was not Page 2 of 4 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-Aug-2024 12:41:23 available and there were several other irregularities as morefully mentioned in Annexure-A/4. Thus, the Petitioner-hospital was sealed on 6th July, 2024. It is his submission that the Petitioner was granted sufficient opportunity to get the Clinical Establishment Registration. But it failed. Thus, there is no illegality in the action of the authority to seal the Petitioner- hospital. He also drew attention to the inspection report under Annexure-B/4 and submits that the writ petition merits no consideration and is liable to be set aside. 6. Upon hearing learned counsel for the parties and on perusal of record, this Court finds that vide order dated 25th April, 2024, this court kept the order /letter dated 11th March, 2024 in abeyance till 24th May, 2024 to enable the Petitioner to file the Clinical Establishment Registration. 7. It is submitted by Mr. Zafarulla, learned counsel for the Petitioner that due to want of Fire Safety Certificate, application of issuance of Clinical Establishment Registration could not be considered. The Petitioner had enough time prior to 24th May, 2024 to get the Fire Safety Certificate and to obtain the Clinical Establishment Registration. It is his submission that as the hospital is under seal, the Fire Safety Department is not in a position to make physical verification of the premises. All other requisites had already been complied with by the hospital for obtaining the Fire Safety Certificate save and except physical verification of the premises. 8. No document has been filed along with this writ petition to show that the Fire Safety Certificate has not yet been granted in favour of the Petitioner-hospital for want of physical verification Page 3 of 4 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-Aug-2024 12:41:23 of the premises. Further, the Petitioner had enough time and opportunity to get the Fire Safety Certificate by observing the formalities. The inspection report submitted by Opposite Party No.4 under Annexure-A/4 clearly discloses the status of the documents available in the premises of the Petitioner and the condition of the hospital as on 6th July, 2024. Thus, the plea taken by the Petitioner to open the hospital for a period of 15 days is nothing but a myth. 9. In view of the above, this Court is not inclined to entertain the prayer made by Mr. Zafarulla, learned counsel for the Petitioner. 10. Accordingly, this writ petition, being devoid of any merit, stands dismissed. Rojalin (K.R. Mohapatra) Judge Page 4 of 4