ORDER :

Heard the Learned counsel for the Petitioner and the Government Pleader for Medical and Health.

2. This Writ Petition is filed praying to issue a Writ of Mandamus declaring the actions of 2nd respondent in issuing the impugned cancellation orders bearing Rc.No. 53160/MAK/Liver/2017 dated 22.10.2020 unilaterally cancelling the Petitioner’s Hospital’s License bearing No.21106/MA-K(Liver)/2017 dated 01.08.2017 and 28.12.2018 for performing Liver Donor Transplantation, with immediate effect and duly intimating that the Petitioner shall not admit any liver transplant cases beyond the impugned cancellation order date, as being arbitrary, illegal and violative of Articles 14 and 19 of the Constitution of India and also violative of the provisions of the Andhra Pradesh Transplantation of Human Organs Act, 1995 and consequently set aside the same.

3. The case of the petitioner, in brief, is as follows:

a) The petitioner company is engaged as health group and is incorporated under the Companies Act, 1956, providing quality health care services and is mainly focused in liver transplants, cardiac and gastro surgeries.

b) A Patient named one Late Ms. Rapolu Rajani aged 40 years was admitted in one of the petitioner’s hospitals (i.e. Gleneagles Global Hospitals) which is at Hyderabad on 05.10.2017 on the account of suffering from Liver failure and drug induced liver injury and upon initial evaluation and medical assessment, patient fulfilled the criteria for liver transplantation.

c) On 06.10.2017 the patient was registered with Jeevandan Cadaver Transplantation Programme for cadaver transplantation. As there were no suitable donor in the 1st degree relative category, the patient’s family had brought one person claiming to be paternal cousin/relative of the patient. After thorough medical examination, the transplant coordinators of the hospital had informed the patients family that it is mandatory to get approval of 3rd respondent for performing the liver transplantation.

d) On 09.10.2017, on the account of worsening situation of the patient, the staff and representatives of the petitioner’s hospital the relatives of the petitioner had approached the 3rd respondent for getting the mandatory approval for performing the liver transplantation on the patient.

e) On 10.10.2017, the relatives of the donor had produced documents of the proposed donor which reflected that the proposed donor was incompatible with the patient for transplant as only 4 out of 10 criteria’s matched as against the required minimum of 5/6 out of 10 criteria as mandated statutorily.

f) The 3rd respondent however, had rejected the approval. On 11.10.2017 due to worsening medical situation, the patient expired on 11.10.2017 due to cardiac arrest. A relative of the patient had complained to the 2nd and National Human Rights Commission (NHRC) alleging that the patient had expired on account of negligence of petitioner’s hospital bearing case no. 711/36/2/2017.

g) The 2nd respondent issued a Show Cause Notice vide Rc.No.53160/MAK (Liver)/2017 dated 18.09.2019 to the petitioner’s hospital seeking an explanation. Petitioner’s hospital submitted a detailed explanation on 23.01.2019 to the 2nd respondent.

h) After seeking the explanation from the 2nd Respondent and the petitioner, National Human Rights Commission (NHRC) had issued an order dated 07.05.2019 observing that there was a lack of co-ordination and promptness on part of concerned authorities i.e., 2nd and 3rd respondents. National Human Rights Commission (NHRC) did not assign any guilt or wrongdoing on part of the petitioner’s hospital.

i) National Human Rights Commission (NHRC) vide its order dated 07.05.2019 had referred the matter to the Telangana State Medical Council (TSMC) to conduct an enquiry and report the matter. Subsequently, Telangana State Medical Council (TSMC) had issued notices to Medical superintendent and other concerned doctors of the petitioner’s hospital.

j) Telangana State Medical Council (TSMC) vide its