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J. K. MAHESHWARI, K. V. VISWANATHAN
District Appropriate Authority Under The PNDT Act And Chief District Health Officer – Appellant
Versus
Jashmina Dilip Devda – Respondent
JUDGMENT :
1. Leave Granted
2. In the present appeal, the issue concerns the interpretation of power of Section 20(1) & (2) and Section 20(3) of the Pre-conception and Pre-Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994 (hereinafter to be referred to as the “PC&PNDT Act”) for cancellation, suspension or suspension in public interest respectively by the appropriate authority specified in Section 17 of the PC&PNDT Act.
3. The brief facts are that the respondent no.1 is running a hospital at Ahmedabad by the name of “Dev Hospital” which is a type of polyclinic having doctors from multiple branches like gynecology, general physician and general surgeon treating patients in the said hospital. The hospital was registered under the PC&PNDT Act and the said registration was valid up to 23.05.2015. On the basis of one complaint made by Shilpa Punani of Wadhwan District Surendranagar, an inspection of the hospital was conducted on 21.10.2010. During inspection, the appropriate authority and its team found some lapses contravening the provisions of PC&PNDT Act. Consequently, the sonography machine operated in the hospital was seized. On 25.10.2010, the appropriate autho
The judgment established the necessity for the appropriate authority to form an opinion and record reasons in writing to exercise the power of suspension in public interest under Section 20(3) of the....
The High Court upheld the principle that regulatory authorities must comply with statutory notice requirements in cases of suspension, reinforcing the necessity of due process in healthcare regulatio....
Procedural safeguards must be strictly adhered to in actions taken under the PCPNDT Act as arbitrary actions undermine the statutory framework.
Compliance with procedural requirements is essential in administrative actions regarding registration cancellation and search under the PCPNDT Act, emphasizing the necessity for due process.
Suspension of registration under the respective enactments is permissible only under extraordinary circumstances in public interest, with reasons recorded in writing.
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