Madras High Court: In a writ filed by Tamil Nadu Medical Laboratories Association (‘TN MLA’) to direct the Principal Secretary, Health and Family Welfare Department to consider the representation of the petitioner to constitute Tamil Nadu State Paramedical Council to regulate the field of Paramedicals, S.M. Subramaniam, J. directed Principal Secretary, Health and Family Welfare Department to appoint Chairman and Members of the Committee of the State Council as per the provisions of the National Commission for Allied and Healthcare Professions Act, 2021 (‘NCAHP Act, 2021’) and Rules within a period of two months from the date of receipt of a copy of this order.
TNMLA submitted that persons without any qualifications were playing with the life of human beings. Therefore, the Government thought it was fit to enact the Clinical Establishments (Registration and Regulation) Act, 2010. The Act was enacted to register and regulate the clinical establishments across the Country with the object of prescribing a minimum standard of facilities and services to be provided as mandated under the Constitution. As per Section 8 of the said Act, “Every State Government shall constitute a State Council for clinical establishment”. Accordingly, the Tamil Nadu Government has to constitute the paramedical council as mandated under Section 8(1) of the Act 23 of 2010.
Since the State Council was not constituted within the time limit prescribed under the said Act i.e. six months, the present writ petition was filed.
After taking note of Section 22 of the NCAHP Act, 2021, the Court said that the Act grants six months’ time to every State Government to constitute a State Council. However, the Tamil Nadu Government has already taken three years’ time to frame rules and finally it was published only on 15-12-2023.
The Court remarked that when the State claims that they are the champions of the healthcare facilities in the Country, they are expected to effectively monitor and control such paramedical and clinical establishments across the State by enforcing Act scrupulously.
The Court said that the State Council has to initiate all measures to conduct inspections in the clinical establishments across the State and ensure that the clinical establishments are functioning by scrupulously following the provisions of the Act including engagement of qualified employees and machineries in the prescribed standard etc.
The Court added that the scheme of the NCAHP Act, 2021, would indicate that stringent measures are to be taken against the illegalities and irregularities in establishing clinical establishments and its function. Further, it remarked that health being an integral part under Article 21 of the Constitution of India and the Fundamental Right of a Citizen, the State is duty bound to ensure quality medical treatments are provided to the Citizen by all the clinical establishments across the State.
The Court said that the Act being passed, and Rules are framed thereunder. The implementation part must be effectively done by the competent authorities of the State Government and any lapses or negligence or dereliction on the part of the authorities, must view seriously by the State, since medical treatment is now being an integral part under Article 21 of the Constitution of India is a Fundamental Right of a Citizen.
The Court further stated that all such allegations raised by TNMLA are to be investigated by the State Council with reference to the provisions of the Act and actions are initiated without causing any delay or otherwise
Further, it directed Principal Secretary, Health and Family Welfare Department to appoint Chairman and Members of the Committee of the State Council as per the provisions of the Act and Rules within a period of two months from the date of receipt of a copy of this order.
The Court directed that the constituted Committee with the assistance of the competent authorities will conduct periodical inspections in the Clinical Establishments across the State and ensure that the qualified technician and employees are working in such Clinical Establishments and the medical services are provided in accordance with law and in the prescribed standards as contemplated under the Act and Rules.
[Tamil Nadu Medical Laboratories Association v. Principal Secretary, Health and Family Welfare Department, 2024 SCC OnLine Mad 159, Order dated 22-01-2024]
Advocates who appeared in this case:
For Petitioner : Advocate K.Aditya Chandramouli
For Respondents : Additional Advocate General P.Kumaresan , Additional Government Pleader G.Krishna Raja , Senior Panel Counsel V. Chandrasekaran
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