Kottayam Medical College building collapse: Kerala High Court frames key questions for State to respond

The Kerala High Court on Tuesday flagged several shortcomings in a public interest litigation (PIL) petition filed over the recent building collapse at Kottayam Medical College Hospital which resulted in the death of a woman [G Samuel & Ors. v. State of Kerala & Ors.].A Bench of Chief Justice (CJ) Nitin Jamdar and Justice Basant Balaji observed that the petition was poorly drafted and lacked references to relevant statutory provisions."This petition is carelessly drafted. These are court petitions, not pamphlets...What is this counsel? We could have dismissed the matter, the authority under the Act is not joined, there is no reference to any statutory framework. We spent 20 minutes trying to find what is the basic statutory framework . You should have done some research....Just don't rush to courts when you read the newspapers, as advocate you should do some research," CJ Jamdar orally remarked. .The Bench ultimately decided to frame legal questions by itself for the State regarding the concerns raised about the functioning of government hospitals.The Court directed the State to file a detailed counter affidavit on the following issues:Whether rules have been framed under:- Section 36 (grievance redressal mechanism);- Section 41(1) (publication of clinical establishment details); and- Section 4(1)(e) read with Section 52(2)(c) (periodic inspections) under the of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018 (the Act). Whether the composition of the State Council constituted under Section 3 is in accordance with the statutory provisions.Whether the grievance redressal committee currently constituted, consisting of three private individuals, has been set up in accordance with statutory rules.What inspections have been conducted by State authorities in the last two years across government hospitals.Whether hospital-related data has been made available on the online portal as mandated under Section 41.What standards have been prescribed by the government under Section 13 for different categories of clinical establishments..An old bathroom block attached to the Orthopaedics ward of the Kottayam Medical College building recently collapsed killing a woman and injuring three others.Following the tragic incident, a PIL was moved before the Court by three human rights activists seeking court-monitored reforms in the administration, functioning and infrastructure of government-run hospitals and medical colleges across the state.When the case came up for hearing on Tuesday, the government attorney clarified that the Kerala Clinical Establishments (Registration and Regulation) Act, 2018, covered the regulation of government hospitals.He pointed out Section 2(c) of the Act defines clinical establishments to include establishments run or managed by the government or its departments, and added that even government medical colleges have been registered under the Act.He informed the Court that the State had formulated rules and prescribed minimum standards for different categories of hospitals, which he said would be placed on record at the next hearing.The Court after examining the legislation in detail, observed that the statute provided a comprehensive framework for regulating clinical establishments, including those under the State government. It then asked the State authorities to furnish some additional information that it deemed necessary to assess the situation. The Court also directed the counsel for the petitioners to amend the petition and to properly implead the State of Kerala through its Secretary, Health and Family Welfare Department and the Kerala State Council for Clinical Establishments..The plea was moved by advocates Alex K John, Satheesh TP, Jilcy Jacob, Sijin Stanley, Cyriac Elias Steen, Sreekuttan M, Suresh PN, Arun KV, Ninan Thomas, Gego George, Prathitha Mariyam Thomas and Sinil Kumar G..[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.