Om Prakash Lal v. The State Of Bihar and Ors.
Case brief
What is this about?
In a writ petition challenging the Clinical Establishments (Registration and Regulation) Act, 2010 and Bihar Clinical Establishments Rules, 2013 as unconstitutional, this court disposed of the application while continuing to hear the case. The court reserved liberty for the petitioner to file representations before the appropriate authority.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15247 of 2015
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Om Prakash Lal, Son of Late S.P. Lal, resident of Rohtas Nursing Home, Station Road, Dalmianagar, P.S. Dalmianagar, District Rohtas
... ... Petitioner/s
Versus
- The State of Bihar through the Chief Secretary, Government of Bihar, Patna
- The Principal Secretary, Department of Health and Family Welfare, Government of Bihar, Patna.
- The Union of India through the Secretary, Ministry of Health and Family Welfare, Room No. 206 D, N
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Dhirendra Singh, Advocate For the Respondent/s : Mr. Lalit Kishore, AG Mr. S.D. Sanjay, Addl. S.G. Mr. Abhay Shankar Mathur, CGC
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Issues for consideration
3 issues framed by the court
Whether the Clinical Establishments (Registration and Regulation) Act, 2010 and Bihar Clinical Establishments (Registration and Regulation) Rules, 2013 are ultra vires and unconstitutional.
Whether the challenged provisions violate Article 14 of the Constitution of India.
Whether the challenged provisions violate Article 19(1)(g) of the Constitution of India.
Parties & counsel
- petitioner
Om Prakash Lal
- respondent
The State of Bihar through the Chief Secretary, Government of Bihar
- respondent
The Principal Secretary, Department of Health and Family Welfare, Government of Bihar
- respondent
The Union of India through the Secretary, Ministry of Health and Family Welfare
Case details
As recorded by the court registry
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