Kerala HC Seeks Response On Composition, Role Of State Council Under Clinical Establishment Act After Kottayam Medical College Building Collapse

A public interest litigation has been filed before the High Court of Kerala on the safety standards at public medical facilities, following the collapse of Kottayam Medical College building. The plea came before the division bench of Chief Justice Nitin Jamdar and Justice Basant Balaji.

The PIL came under sharp criticism from the Chief Justice for being “sketchy” and “ill-researched”, lacking references to statutory provisions. However, the Bench decided to proceed with the case, citing the critical importance of the issue - health and well-being of the people of the State. 

The petition was filed seeking direction to the State for proper administration in medical establishments such as government hospitals, general hospitals and health centres. However, the government pleader raised preliminary objections, arguing that the prayers were vaguely framed, making it difficult to respond. The Bench agreed, noting that the petition failed to reference the Kerala Clinical Establishments (Registration and Regulation) Act, 2018, the primary legislation governing public health facilities in the State.

The Court dealt in detail, the establishment of the State Council and the function of the State Council as mentioned under sections 3 and 4 in the Act. The Court observed that section 4(e) mentions the conduct of periodic inspection of clinical establishments for ensuring standards to be maintained, and section 4(g) deals with the notification of data and information to be mandatorily provided by clinical establishments.

The Court stated that under section 36 of the Act, the Council shall set up a grievance redressal mechanism to receive complaints regarding the violation of provisions under the Act.

Under section 41, the State Authority has to display the information regarding the clinical establishment on the website of the Kerala Clinical Establishment Council. The Court also observed that the State has the power to prescribe rules, which include laying rules for conducting periodical inspection under section 4 (1) (e).

Upon hearing the parties, the Court has directed the Secretary of Health and Family Affairs to file a detailed counter addressing the composition of the State Council. The Court has also instructed to address in the counter whether the rules have been framed in respect of the grievance redressal mechanism under section 36 and the displaying of information by authority under section 41 of the Act.

The court has also sought details about the existing grievance redressal mechanism, including whether its current composition is backed by statutory rules in the counter affidavit.

The Secretary of the State Council has also been directed to submit an affidavit outlining the Council's inspection activities over the past two years and whether data regarding government hospitals has been made available on the public portal as mandated.

The Court extensively referenced the Kerala Clinical Establishment Act, 2018, which includes the government hospitals and those run by local self-governing bodies such as the panchayat and Municipalities.

The matter has been posted after two weeks.

Case No - WP(PIL) 74/2025

Case Name - G Samuel &Ors v State of Kerala & Ors

Counsels for Petitioners - Alex K John, Satheesh T P, Jilcy Jacob, Sijin Stanley Cyriac Elias Steen, Sreekuttan M , Suresh P N, Arun K V, Ninan Thomas, Gego George, Prathitha Mariyam Thomas

For Respondents - Public Prosecutor N Manoj,State Attorney, Government Pleader