The Supreme Court has issued a notice to the Centre on a petition demanding enforcement of Rules 9(i) and 9(ii) of the Clinical Establishments (Central Government) Rules, 2012.

The Supreme Court of India has issued a notice to the Central Government, addressing a petition that calls for the enforcement of Rules 9(i) and 9(ii) of the Clinical Establishments (Central Government) Rules, 2012. These rules require hospitals and clinical establishments to display the rates for services they offer and ensure that these charges remain within a range determined by the Centre, in consultation with state governments.

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Despite being part of the 2012 Rules, these provisions have not been enforced, as the government has yet to specify the limits for service charges. A bench comprising Justices BR Gavai and AG Masih passed the order after hearing Senior Advocate CU Singh, who represented the petitioner, Voice Society. The court has now listed this case alongside a similar pending matter.

The case was initially presented before a bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar. However, it later came before Justice Gavai because Justice Kumar recused himself. The CJI-designate was also dealing with another petition filed by NGO 'Veterans Forum for Transparency in Public Life,' which raised similar issues.

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Last year, the Supreme Court criticized the Central Government's failure to define the range of rates for services charged by private hospitals. Despite the rule being framed over a decade ago, it has not been enforced. The Court highlighted the "fundamental right to healthcare", emphasizing that the Centre cannot ignore its responsibility.

The Union Government argued that its efforts to engage with state governments on the issue faced a lack of response. In response, the Court directed the Union Health Secretary to conduct a meeting with state counterparts within a month and come up with a concrete proposal for setting standard rates.

The Court also warned that if the Centre failed to resolve the issue, it would consider the petitioner's suggestion to implement the standardized rates applicable to hospitals empanelled under the Central Government Health Services (CGHS) as an interim measure.

In September 2024, the Supreme Court issued a notice on a petition filed by the Association of Healthcare Providers (India) (AHPI), which challenged Rule 9(ii) of the 2012 Rules, arguing that it violates the Clinical Establishments (Registration and Regulation) Act, 2010. AHPI claimed that fixed rate ceilings could hinder the adoption of advanced medical procedures due to their increasing technological and cost complexities.

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The petition seeks the following reliefs:

• Enforcement of Rules 9(i) and 9(ii) in all States and Union Territories where the Clinical Establishments Act, 2010 is applicable.
• Mandatory display of rates by clinical establishments for each service provided, in both local and English languages, at a visible location.

- Direction for notification of the Charter of Patients' Rights, as circulated by the Union on 29.11.2022.

Case Title: VOICE SOCIETY Versus UNION OF INDIA AND ANR., W.P.(C) No. 409/2025