GUJARAT HIGH COURT
Mr. K. S. Jhaveri, J
Jashmina Dilip Devda v. State Appropriate Authority Under PNDT Act Dept. of Health and Family Welfare New Sachivalay and Another
| Table of Content |
|---|
| 1. petitioner's hospital faced suspension without due process. (Para 1 , 2 , 4) |
| 2. arguments over the compliance of statutory requirements. (Para 5 , 6 , 9) |
| 3. court's necessity for procedural adherence in suspension actions. (Para 10 , 11 , 12) |
1. The present petition has been filed by the petitioner under Art.226 and Art.227 of the Constitution of India as well as under the provisions of the PreNatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 and Rules made thereunder challenging the order passed by the State Appropriate Authority in Appeal No. 2 of 2011 dated 17.03.2011 on the grounds stated in the memo of petition.
2. The facts of the case briefly summarized are that the petitioner is having hospital at Ahmedabad known as Dev Hospital, which is one type of Polyclinic having other doctors from other branches like Gynecology, Physician and General Surgeon, who are also treating patient in the said hospital. The hospital of the petitioner has been granted registration under the PreNatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (hereinafter referred to as the "PNDT Act") for carrying out such genetic counseling, pr
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