License of Rehabilitation Centre Cancelled Several Deficiencies : Court Finds No Deficiencies
Himachal Pradesh High Court Quashes Cancellation of Rehabilitation Centre's Registration. Court Finds No Deficiencies in Latest Inspection Report, Sets Aside Authority's Order
News Report: In a significant judgment, the Himachal Pradesh High Court has quashed the cancellation order of a Rehabilitation Centre's registration run by Navkiran Foundation Regd (Society) at Baddi, District Solan. The order, initially passed by the Chief Executive Officer of the HP State Mental Health Authority, was based on alleged deficiencies in compliance with the Mental Healthcare Act, 2017. However, the High Court found no deficiencies in the latest inspection report, thereby overturning the cancellation decision.
The Rehabilitation Centre, which had been operational since receiving its provisional registration in September 2019, faced scrutiny following an inspection on September 16, 2023. The inspection team pointed out issues such as the absence of round-the-clock staff nurses, a lack of vocational trainers, and the absence of a linked general hospital for emergencies.
Despite these findings, subsequent inspections revealed compliance with the majority of statutory requirements. Notably, a special committee inspection on May 14, 2024, reported no deficiencies, prompting the High Court to question the basis of the cancellation order dated September 18, 2024.
Justice Vivek Singh Thakur emphasized that the cancellation under Section 68(5) of the Mental Healthcare Act requires a thorough inspection report, which must be shared with the establishment to seek its opinion and issue directions for compliance. The court criticized the HP State Mental Health Authority for failing to consider the latest inspection report's findings before reiterating the cancellation.
The court further noted that the presence of a pharmacist during night hours constitutes sufficient compliance for Category-II Rehabilitation Centres, negating the deficiency related to nursing staff availability. Additionally, the court observed that maintaining purchase and stock records of medicines is not mandatory for Category-II establishments.
The judgment highlighted procedural lapses in the cancellation process, as the authority did not provide the inspection report to the Rehabilitation Centre or seek its opinion, as required by law. The High Court's decision reinstates the Centre's registration, allowing it to continue its operations without disruption.
Justice Thakur's ruling underscores the importance of adhering to statutory procedures before canceling registrations, ensuring that establishments are given a fair opportunity to address any deficiencies.
The judgment sets a precedent for similar cases, reinforcing that compliance with minimum standards must be evaluated based on comprehensive and up-to-date inspection reports. The HP State Mental Health Authority retains the right to conduct further inspections to ensure ongoing compliance.
Bottom Line:
Mental Healthcare Act, 2017 - Cancellation of registration of a Rehabilitation Centre under Section 68(5) - Cancellation order quashed due to absence of deficiencies in the inspection report and failure to consider the essence of the inspection report.
Statutory provision(s): Mental Healthcare Act, 2017 Sections 67, 68, 69, 107, 108
