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In the ongoing Public Interest Litigation regarding fixing of rates for treatment and diagnostics in private hospitals and nursing homes, the West Bengal Clinical Establishment Regulatory Commission (WBCERC) submitted its report before the Calcutta High Court on Friday. The commission claimed that more than rupees 5 crores have been awarded in compensations against grievances raised in this regard.

The PIL petition was filed by one Bhaskarananda Halder alleging that the Commission has not yet framed regulations regarding fixing of rates or charges for indoor patients department and outdoor patients department treatment, etc. in terms of Section 38(1)(iv) of the West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017.

Regarding the same, the high court had ordered WBCERC to file a report. Today, Advocate Samrat Sen, representing the commission, submitted the said report.

He informed the court that the commission has undertaken the regulatory work and has covered 11 out of 23 districts. He submitted that, from time to time, 27 advisories have been issued and a grievance redressal mechanism has also been set up.

He also referred to the chart disclosing 1212 complaints received, out of which, 1199 have been disposed of. Further, he claimed that the process of framing the said regulation in terms of Section 38 (iv) of the Act of 2017 is underway.  

However, on the other hand, the counsel for the petitioner protested that the said report does not disclose any action which has been taken. He argued that the advisories are also not in compliance with Section 38 of the Act of 2017.

Taking note of rival submissions, the division bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj ordered the petitioner to disclose what actions are expected out of WBCERC. The bench further directed the state to file another report regarding the remaining districts. 

Case Title: Bhaskarananda Halder v. the State of West Bengal and Ors.