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W.P. No.14039 (W) of 2017

Case Number: W.P. No.14039 (W) of 2017

Date of Filing: 01-01-1970 Date of Disposal: 17-08-2017 Jurisdiction: Original Act Type: Civil
Petitioner: Respondent:
Specialty: Medicine Jurisdiction: Original
State: West Bengal District: Kolkata

The petitioners have challenged the vires of West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017. Learned Senior Advocate appearing for the petitioners has submitted that, various provisions of the Act of 2017 fail the test of Article 14 of the Constitution of India. He has drawn the attention of the Court to Sections 2(c)(ii), 7(3)(i), 7(3)(l) to (t), 7(3)(p), 7(3)(s), 27, 29, 30, 33(1), 33(2), 36, 38(1)(iii), 38(1)(ix) and Section 42 of the Act of 2017 in this regard. He has submitted that, the various provisions of the Act of 2017 are arbitrary, unreasonable and irrational. They infringe upon the fundamental right to practice one’s profession guaranteed under Article 19(1)(g) of the Constitution of India.

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