P&H High Court Directs Prompt Resolution of Ambiguity in De-Addiction Centre Licensing Rules
In a recent judgment dated October 30, 2023, the Punjab and Haryana High Court, presided over by HON’BLE MR. JUSTICE GURVINDER SINGH GILL, has issued a significant directive regarding the licensing of Drug De-Addiction-cum Rehabilitation Centres under the Haryana De-addiction Centres Rules. The court addressed the petitioner’s plea to set aside the cancellation of their license and highlighted the ambiguity in the rules governing the constitution of the licensing and appellate authorities.
The court observed, “There is some kind of ambiguity in the English translation of rules particularly in Rule 6(3)(xiii) which reads as ‘hear on appeal of an aggrieved person.’ The word ‘hear’ ought to have been ‘prefer,’ i.e., giving a right to the affected person to file an appeal.”
The judgment further clarified that Rule 7 defines the Appellate Authority concerning the denial of a license, comprising members from the Administrative Secretary of the Social Justice and Empowerment Department, Administrative Secretary of the Health Department, and the Director of the Social Justice and Empowerment Department.
Responding to the court’s notice, Mr. Samarth Sagar, Addl. AG, Haryana, acknowledged the ambiguity and assured that the appeal filed by the petitioner would be sent to the Appellate Authority for prompt resolution within the week. He further committed to expedite the disposal of the appeal, preferably within two weeks from the date of the judgment.
In light of these developments, the petition has been disposed of with a clear directive to the respondents to consider and resolve the petitioner’s appeal promptly, ensuring a fair and efficient process.
This judgment underscores the significance of legal clarity and procedural transparency in matters of licensing and appeals, particularly in sensitive areas such as drug de-addiction centers.
Date of Decision: 30.10.2023
Janta Welfare Society Charitable Trust VS State of Haryana and others
