Important for the Doctors and the Hospitals

Bombay Nursing Home Registration Act, 1949 – Cancellation of Hospital Registration and permanent sealing by the order dated 2.7.2021 of the BMC – Arbitrary & Illegal – One month prior notice containing grounds for cancellation as required under Section 8(1) as also hearing was not given – No provision in the Act of 1949 for permanent sealing of the hospital.

Note – As per BMC, the registration and permanent sealing was made on the basis of criminal cases for offences of administering fake vaccines.  
However, in para 11 of the judgment, the Division Bench held that in view of observations made by the learned Single Judge in common bail order would also show that the stand of Corporation that no show-cause notice was necessary, is not justified.

To my mind, many questions arise for consideration –
The question is whether only on filing and pendency of criminal cases where trial is yet to be conducted and offences are to yet to be proved, the registration of hospital can be cancelled. What would happen if the criminal cases result in acquittal after many years of trial and what would happen to the irreparable loss as also loss of reputation of the hospital and the doctors if registration is sought to be cancelled only on the basis of filing of criminal cases.

Dr.Shivraj Chhotulal Pataria Vs. Brihanmumbai Municipal Corporation and others – Writ Petition No. 3664 of 2022.