1. Heard Sri B.S.Pal, learned counsel for the petitioner and learned standing counsel for the respondents.

2. The petitioner through this writ petition is seeking quashing of the order dated 3.1.2019 passed by the Additional Chief Medical Officer- Administration, Nodal Officer - Private Doctor/ Hospital Registration (in short ACMO) by which the registration of the petitioner's clinical establishment has been cancelled.

3. Briefly stated the facts of the case are that the petitioner is running a clinic/hospital in the name of 'Medaxis Hospital'. The hospital was established in the year 2017. The registration certificate of the said hospital, which is valid upto 31st March, 2019 has been filed as Annexure 2 to this writ petition.

4. First submission of the learned counsel for the petitioner is that the impugned order has been passed by the ACMO, who is not the competent authority and under sub section (2) of Section 10 of the Clinical Establishments (Registration and Regulation) Act, 2010 (hereinafter referred to as the Act, 2010) the authority is the Chief Medical Officer (by whatever name called) (in short the CMO) to pass such order.

5. Second submission of the counsel for the petitioner is that before passing the impugned order, no show cause notice or opportunity of being heard was given to the petitioner and straight away the order of cancellation of petitioner's registration was passed on the ground that one Dr. Ayesha Khatoon, who was not a registered medical practitioner, was found working in the hospital during the inspection made on 3.1.2019.

6. Learned standing counsel has tried to justify the impugned order on the first count by submitting that the power of the CMO has been delegated to the ACMO and secondly, the undisputed fact that during the inspection of the clinical establishment, which was carried out by the authorities, one Dr. Ayesha Khatoon was found to be working there, who was neither a registered practitioner nor qualified to do medical practice, therefore, registration of the clinical establishment of the petitioner has rightly been cancelled.

7. Along with the counter affidavit, a document has been filed as Annexure 6, which is the letter of the Hospital dated 24.1.2019 wherein it has been stated that the lady named Ayesha Khatoon has been removed from the hospital. Learned standing counsel submits that this amounts to an admission on the part of the petitioner's hospital and proves that the hospital was taking services of such persons who are not qualified or registered medical practitioners to do medical practice meaning thereby that the petitioner's hospital was taking the services of jhola chaap doctors in its hospital.

8. So far as the question of jurisdiction of the authority, ACMO is concerned, we find under section 2(a) of the Act, 2010 defines "authority" to mean the district registering authority set-up under section 10 of the Act, 2010. Section 2(a) of the Act, 2010 reads as under:

"2. Definitions: In this Act, unless the context otherwise requires-

(a) "authority" means the district registering authority set-up under section 10;"

9. Section 10 of the Act, 2010 provides that the State Government shall, by notification, set-up an authority to be called the district registering authority for each district for registration of clinical establishments, with the following members, namely:

(a) District Collector - Chairperson;

(b) District Health Officer - Convenor;

(c) three members with such qualifications and on such terms and conditions as may be prescribed by the Central Government.

10. Sub-Section (2) of section 10 of the Act, 2010 further clarifies that for the purposes of provisional registration the District Health Officer or the Chief Medical Officer (by whatever name called) shall exercise the powers of the authority as per procedure that may be prescribed.

Section 10 of the Act, 2010 reads as under:

"10. Authority for registration. - (1) The State Government shall, by notification, set-up an