Supreme Court Orders Government Not to Disrupt Health Test Clinics for Driving Licenses

Kathmandu. The Supreme Court has issued an interim order in the name of the government not to obstruct the service delivery of clinics that conduct health examinations for driving licenses.

Justice Meghraj Pokharel's single bench issued such an order while hearing the writ filed by Kalibahadur Thapa, operator of Sunaulo Medical Clinic, and others. The court has stayed the implementation of the recent decision of the Ministry of Physical Infrastructure and Transport and the Department of Transport Management and has ordered to continue services as per the previous arrangement. The applicant clinics had been providing health examination services after being selected and contracted as per the 'Working Procedure Directive for Providing Driving License Services, 2080' of Bagmati Province. However, the Ministry of Physical Infrastructure and Transport of the federal government, by writing letters on Jestha 13 and Ashar 13, 2083, made a decision to recognize health examinations conducted by all doctors registered with the Nepal Medical Council and to open the service to all clinics. This decision would adversely affect the business of clinics that had already invested after contracting and would lead to their 'user and password' being blocked, which led the clinic operators to approach the court.

In its order, the Supreme Court has determined that the ministry's decision to displace the applicants, who were providing services after contracting as per provincial laws and directives, infringes upon the fundamental right to 'practice profession, occupation, industry, and trade' granted by Article 17 (2) (chha) of the constitution.

The order states, 'If the letter of the respondents is implemented, there is a dire situation where irreparable damage may be caused to the applicants. Therefore, until the final resolution of the writ, the ministry's letters and decisions should not be implemented and should be kept in status quo, and no obstruction should be caused to the operation of services including the applicants' user and password.' With this order, it has been ensured that the services of the listed clinics currently providing health examinations for driving licenses will continue as usual.