Institute of Legal and Management Studies

The Supreme Court recently clarified that the Clinical Establishment (Central Government) Rules, 2012, which are under challenge before it, are still in operation and have not been stayed.

The bench of Justices PS Narasimha and AS Chandukar was hearing petitions that raised issues regarding the provisions of the Clinical Establishments Act, 2010, and the Clinical Establishment (Central Government) Rules, 2012.

In the lead petition, filed by the All India Ophthalmological Society, the challenge is against government regulations that mandated uniform rates for ophthalmological procedures nationwide. Pertinently, a similar petition seeking the enforcement of Rule 9 was also taken up along with these petitions.

Rule 9 mandates that hospitals and clinical establishments display rates for services provided and charge fees within the range determined by the Centre in consultation with state governments.

During the hearing on August 14, the bench, while listing the matters for final hearing on November 18, clarified that the Clinical Establishments Rules are still in operation. The bench recorded:

"We clarify that the Clinical Establishments (Central Government) Rules, 2012 that have been notified, have not been stayed by this Court. As of today, they partake the character of applicable law."

The Court also sought the views of the National Council constituted under Section 3 of the Clinical Establishments (Registration and Regulation) Act, 201 and asked it to appear before the Court on the next hearing.

Case Details : ALL INDIA OPHTHALMOLOGICAL SOCIETY AND ANR. Versus UNION OF INDIA| W.P.(C) No. 214/2024 and connected matters

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