JUDGMENT
Badar Durrez Ahmed, J.
1. The petitioner runs a 35-bed nursing home under the name of “Sunil Nursing Home”. The petitioner is interested in the said nursing home being empanelled with the CGHS under the CGHS Scheme. By an advertisement which was published in newspapers on 23.11.2000, tenders were invited for the selection of general purpose, specialised hospital and diagnostic centres for recognition under the Central Government Health Scheme (CGHS). The petitioner also purchased the tender document and submitted his tender for such recognition/empanelment. The petitioner applied under the categories of specialised hospital and diagnostic centre. It did not apply in the general hospital category as it did not have 100 beds which was the minimum required. The petitioner’s grievance is that despite having complied with the eligibility criteria as prescribed in the tender document, his nursing home was not empanelled. Various allegations of malafide etc. have been made in the petition which we need not go into in view of the orders that will be passed hereinbelow. It transpires that some inspections were carried out by a panel of experts. However, as the petitioner was still aggrieved by the quality of the inspections, this Court by an order dated 07.05.2002 directed the respondents to carry out a fresh inspection and to objectively consider the question of empanelment of the petitioner. It was also indicated in the said order of 07.05.2002 that in case an adverse decision was taken against the petitioner, a reasoned order would be passed.
2. Having been granted the opportunity of a fresh inspection, the petitioner is now aggrieved by the letter dated 23.07.2002 which he received from the Director, CGHS informing him that the petitioner’s nursing home was not recognised as it did not meet with the criteria for recognition under CGHS due to certain deficiencies indicated in the said letter itself. Along with the letter, there is an inspection report. The petitioner has brought to the notice of the Court that there are certain items such as defibrillators which are not required to be maintained by his nursing home in respect of the category for which he sought empanelment. However, the absence of defibrillators has been taken as a ground for rejecting his application. There may be other items also which may have met with a similar fate. We need not go into this in this petition inasmuch as the learned counsel for the petitioner has submitted that if the CGHS were to pointedly indicate the requirements which are to be made for empanelment under the category for which he applied, he would ensure that these requirements are met and after the same is done, the petitioner be empanelled. Learned counsel for the respondents has fairly submitted that he has no objection provided the criteria that are prescribed by the Director, CGHS for such empanelment are met.
3. In view of these submissions, I find that this writ petition can be disposed of with the following directions:-
i) Within two weeks of this order, the respondents and in particular the Director, CGHS, Nirman Bhawan, New Delhi shall indicate the minimum requirements for empanelment in the specialised hospital category and the diagnostic centre category that the petitioner needs to fulfilll for empanelment;
(ii) Since there is some dispute with regard to the exact nature of the equipments, the Director, CGHS shall specify the exact nature of the equipments and facilities that are necessary;
(iii) Upon receiving a written communication in respect of (i) & (ii) above, the petitioner shall comply with the same within two weeks and shall thereafter send a written communication to the Director, CGHS indicating that he has complied with all the requirements as indicated in (i) and (ii) above; and
(iv) Upon receipt of such communication, the Director, CGHS shall treat the same as an application and shall dispose of the question empanelment within two weeks thereafter.
4. With these directions, the writ petition is disposed of. There shall be no orders as to costs.
dusty to both the parties.