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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
R.N. Laddha, J.
Mayuri Subhash Dhokane-kutwal - Appellant
Versus
State Of Maharashtra & Ors. - Respondents
Writ Petition (STAMP) No. 29883 of 2021
Decided On : 02-11-2021
Cancellation of Registration - Bombay Nursing Home Registration Act - The court stayed the impugned order of cancellation of the registration certificate for a hospital, citing lack of adherence to principles of natural justice and failure to provide notice as required by the Act.
Fact of the Case:
The petitioner, a Registered Medical Practitioner, had applied for registration of her hospital under section 5 of the Bombay Nursing Home Registration Act. The respondent authority issued a Certificate of Registration, but later issued an impugned order cancelling the registration without following the principles of natural justice or providing the required notice.
Finding of the Court:
The court stayed the impugned order of cancellation, noting that the principles of natural justice were not followed and that the respondent authority failed to provide the mandatory notice of intention to cancel the registration.
Issues: The issues revolved around the lack of adherence to principles of natural justice and the failure to provide the required notice before cancelling the registration certificate.
Ratio Decidendi: The court's decision was influenced by the failure of the respondent authority to follow the principles of natural justice and provide the mandatory notice as required by the Bombay Nursing Home Registration Act.
Final Decision: The court stayed the impugned order of cancellation and scheduled the matter for further hearing on a later date.
JUDGMENT
R.N. Laddha, J. - The learned counsel for petitioner submits that the petitioner is Registered Medical Practitioner. The petitioner had applied under section 5 of the Bombay Nursing Home Registration Act, seeking registration of her hospital at Tuljapur and accordingly, the respondent No. 4 competent authority has issued Certificate of Registration. The said certificate is valid up to 31st March, 2022. The learned counsel for petitioner further submits that suddenly the petitioner has received the impugned order issued by respondent No. 4 by registered post by which it is informed to the petitioner that Registration Certificate dated 26/28 June 2019 issued in the name of petitioner in respect of Kutwal Multi Specialty Hospital at Tuljapur has been cancelled. The learned counsel for petitioner submits that the principles of natural justice were not followed while passing the impugned order by the respondent authority. He further submits that it was mandatory on the part of respondent authority to issue notice of not less than one month of the intention to make such an order of cancellation of the registration.
2. Issue notice to the respondents. Mr. S.G. Sangle, learned A.G.P. waives notice for all respondents.
3. In the circumstances, the impugned order dated 28. 10.2021 issued by respondent No. 4 authority shall stand stayed till next date.
4. Stand over to 15.11.2021.
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