New Delhi, February 24 The Supreme Court on Tuesday granted one week to the Kerala government to file its counter affidavit in response to a plea challenging a series of guidelines issued by the state high court, including requiring clinical establishments to prominently display a list of services offered and package rates.
A bench of Justices Vikram Nath and Sandeep Mehta passed the order after the counsel representing the state sought one-week time to file the affidavit.
While granting time to the state, the bench said that the petitioners—the Kerala Private Hospitals Association and a person named Hussain Koya Thangal—may file their rejoinder affidavit within two weeks thereafter.
The top court said its interim order dated December 16 last year, directing authorities not to take any coercive measures against the members of the association, would continue until the next hearing on March 24.
In December last year, the apex court agreed to hear the petition challenging the Kerala High Court's verdict and issued notice to the state government and others on it.
A division bench of the high court delivered the verdict on November 26, 2025, dismissing the appeals against its single-judge order that rejected a plea challenging various provisions of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018.
Upholding the single judge's order of June 23, the high court's division bench issued the guidelines to ensure effective implementation of the Act, consistent with its objectives and the spirit of its preamble.
Issuing a series of guidelines, the high court had said that each clinical establishment shall prominently display, in both Malayalam and English, at the reception or admission desk and on its official website—a list of the services offered and the baseline and package rates for commonly-performed procedures, with a note that unforeseen complications or additional procedures shall be itemised.
Besides other guidelines, it had said that every clinical establishment shall maintain a grievance desk or helpline and register every complaint with a unique reference number, issuing an acknowledgement immediately through text messages, WhatsApp, or in the physical form.
"All displayed rate lists, brochures, and website information shall be kept current. Any changes in services, rates, or grievance contact details shall be promptly updated, with the date of revision clearly indicated," the high court had said.
It had also said that non-compliance of these guidelines would attract regulatory action under the Act, including suspension or cancellation of registration and imposition of penalties, in addition to any civil, criminal, or constitutional remedies available to patients.
The single judge of the high court had rejected the challenge to various provisions of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018, and the Kerala Clinical Establishments (Registration and Regulation) Rules, 2018.
The petition filed had challenged certain provisions of the Act, including the obligation to publish the list of fees to be charged for each item of treatment and for "packages."