The Supreme Court on Tuesday granted one week to the Kerala government to file its counter affidavit in a plea challenging the Kerala High Court’s guidelines mandating clinical establishments to prominently display details of services and package rates.
A bench of Justices Vikram Nath and Sandeep Mehta passed the order after counsel for the state sought time to file the response. The Court permitted the petitioners, the Kerala Private Hospitals Association and Hussain Koya Thangal, to file their rejoinder within two weeks thereafter.
The bench also directed that its interim order dated December 16, 2025, restraining authorities from taking coercive action against members of the association, will continue until the next date of hearing on March 24.
The Supreme Court had in December 2025 issued notice on a petition challenging the Kerala High Court’s judgment upholding provisions of the Kerala Clinical Establishments Act, 2018 and the Kerala Clinical Establishments Rules, 2018.
A Division Bench of the High Court on November 26, 2025 dismissed appeals against a single judge’s decision which had rejected a challenge to several provisions of the Act and Rules. While affirming the single judge’s ruling, the High Court issued a set of operational guidelines to ensure effective implementation of the statute in line with its objectives.
Among the directions, the High Court mandated that every clinical establishment must:
- Prominently display, in Malayalam and English, at the reception or admission desk and on its official website, a list of services offered along with baseline and package rates for commonly performed procedures.
- Clearly state that any unforeseen complications or additional procedures will be itemised separately.
- Maintain a grievance desk or helpline, register every complaint with a unique reference number, and issue acknowledgments immediately via SMS, WhatsApp, or in physical form.
- Keep all displayed rate lists, brochures, and website information updated, with the date of revision clearly indicated whenever changes are made.
The High Court had also directed that non-compliance would invite regulatory action under the Act, including suspension or cancellation of registration and imposition of penalties, apart from other civil, criminal, or constitutional remedies available to patients.
The petitioners have challenged the obligation to publish item-wise treatment charges and package rates, contending that certain provisions of the Act and Rules are invalid.
The matter will now be taken up on March 24 after completion of pleadings. The interim protection against coercive action will remain in force till then.
