Supreme Court: Clinical Establishment Rules 2012 Still Applicable, Not Stayed
The Supreme Court has clarified that the Clinical Establishment (Central Government) Rules, 2012 are still valid and remain in force, despite being challenged in court. The Court emphasised that no stay has been granted on these rules, so they continue to function as law.
A bench of Justices PS Narasimha and AS Chandukar was hearing petitions questioning the provisions of the Clinical Establishments Act, 2010 and its rules framed in 2012.
The lead petition, filed by the All India Ophthalmological Society, challenges the government’s move to fix uniform rates for eye procedures across the country. Along with this, the Court also dealt with petitions related to Rule 9, which requires hospitals and clinics to publicly display service charges and restrict their fees within limits decided by the Centre in consultation with states.
On 14 August, while listing the matter for final hearing on 18 November, the bench clarified:
“We clarify that the Clinical Establishments (Central Government) Rules, 2012, as notified, have not been stayed by this Court. As of today, they continue to be applicable law.”
The Court also directed the National Council, set up under Section 3 of the Act, to submit its opinion and appear during the next hearing.
Case Title: All India Ophthalmological Society and Anr. v. Union of India | W.P.(C) No. 214/2024 and connected matters
