Apollo Multispeciality Hospitals Limited and Another
West Bengal Clinical Establishment Regulatory Commission
W.P.A 3858 of 2022
Decided on June 14, 2023, [Last Heard on: 16.05.2023]
In a landmark judgment delivered by the Hon’ble Calcutta High Court has ruled that Advisories and an Order issued by the West Bengal Clinical Establishment Regulatory Commission (‘Commission’) fixing the rates and charges imposed by private hospitals in the State were not supported by any legal authority and violated the hospitals’ Fundamental Right to Trade under Article 19(1) (g) of the Constitution.
In a writ petition filed by Apollo Multispeciality Hospitals, the Court ordered the Commission to withdraw their Advisories. The Hon’ble Court stated that upon reviewing the provisions of the West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act of 2017, it was evident that the Commission did not possess the power to issue such Advisories which appeared to be ‘shots in the dark’.
Apollo Multispeciality Hospitals was represented by Fox & Mandal team led by Mr. Debanjan Mandal, Managing Partner, Mr. Biswajit Kumar, Partner, Mr. Debayan Sen, Senior Associate and Ms. Mahima Cholera, Senior Associate.
Practice Area:Government Advisory | Projects & Infrastructure
Name of the court:Kolkata High Court
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