HC rescues Delhi Multispeciality Hospital whose registration was cancelled on PNDT Violations

"The DAC has completely lost sight of the fact that the Hospital is a 100 bedded Multi Super-Speciality Hospital and it is not possible for a hospital to function without having the facilities of ultrasound. Today ultrasound examination has become the very basic and mandatory diagnostic technique for examination and treatment of nearly all ailments."

New Delhi: Calling the punishment given by District Advisory Committee (DAC) as " too harsh", the Delhi High Court was recently seen giving relief to a 100 bedded multispeciality hospital whose registration had been cancelled by authorities on allegations of  PC-PNDT Act violations.

The case is that of one MGS Hospital, a 100 bedded multi-speciality hospital in Delhi, providing a whole range of services including emergency services. The hospital in 2014 employed one HOD in radiology and intimidated the PNDT authorities. Subsequently, all the reports sent to the district authorities went with details of the said doctor, but authorities did not inform the hospital that criminal proceedings were pending against the said radiologist.

Now in 2016, through a sting operation, a doctor was allegedly found to be violating the provisions of the PNDT act, and the authorities after the operation sealed all the 6 ultrasound machines that were functional at the hospital.

This was followed by the registration of the Hospital being suspended and subsequently, the registration was cancelled in the year 2017. The hospital was also denied from purchasing new ultrasound machines by the authorities citing PNDT violations The hospital approached the court seeking relief

The Authorities, in their defence, justified all their actions citing the Act and contended that the object of the Act is to ban pre-conception sex selection technique and misuse of pre-natal diagnostic techniques for sex-selective abortion and to provide for regulation of such abortion.It was further contended that the data stored in the said six sealed ultrasound machines are case property in pending criminal proceedings and are of immense evidentiary value and, in case, the said machines are de-sealed then it would cause grave prejudice and irreparable damage to the pending criminal proceedings against the petitioner.

The court after going through the facts and arguments observed:

.....The action of cancellation of registration of the Hospital, which is a 100 bedded Multi Super-Speciality Hospital and claims to be providing high-quality services where ultrasound facilities are required for the functioning of the various departments of the Hospital, appears in the facts and circumstances of the case to be very harsh....

....The DAC has completely lost sight of the fact that the Hospital is a 100 bedded Multi Super-Speciality Hospital and it is not possible for a hospital to function without having the facilities of ultrasound. Today ultrasound examination has become the very basic and mandatory diagnostic technique for examination and treatment of nearly all ailments....

...Further in today’s day and time, in the absence of availability of adequate government medical facilities, private hospitals provide requisite medical facilities to the public. The Hospitals in that sense render public service....

....Orders of the nature passed by the Respondent have the effect of depriving the general public of medical facilities that a 100 bedded Multi Super-Speciality Hospital has to offer. This becomes more egregious in view of the fact that no case has been filed against the Hospital and/or its officers/staff for having violated the provisions of the Act and further the Respondents themselves failed to inform the Hospital about the pending case against...

....Orders of the nature passed by the Respondent have the effect of depriving the general public of medical facilities that a 100 bedded Multi Super-Speciality Hospital has to offer. This becomes more egregious in view of the fact that no case has been filed against the Hospital and/or its officers/staff for having violated the provisions of the Act and further the Respondents themselves failed to inform the Hospital about the pending case against Dr. Arun Singh Chauhan for having, in the past, violated the provisions of the act.....

On the issue of the hospital not being allowed by the DAC to purchase new ultrasound machines, the court observed

The District Advisory Committee (DAC) has not taken into account the fact that no case has been filed against the Hospital for having conducted the alleged examination. The DAC has also not considered that the Hospital and/or its officers and staff are neither named as accused nor cited as witnesses in the FIR registered. No charge sheet has also been filed against the Hospital and/or its officers/staff for having breached any provision of the Act.

The DAC has also not noticed, that the provisions of section 20 of the Act do not mandate that in all cases, the registration has to be cancelled. If it is not mandatory to cancel the registration in all cases, then where is the question of denial of NOC for purchasing a new ultrasound machine merely on the ground that the Hospital has violated the provisions of the Act and the Rules.

With the above observations, the court the restored the registration of the hospital, directing the appropriate authority to take action in the matter of de-sealing of machines adding that , in the event the concerned magistrate does not direct the de-sealing of the ultrasound machines and/or does not direct handing over of custody of the said ultrasound machines to the petitioner, within a period of one month, the Hospital shall be deemed to have been granted the permission for procuring new ultrasound machines under the existing registration certificate dated 09.10.2012, subject to the Hospital complying with the requisite formalities;

Attached is the judgement below:-