The hard disks of the machines have still not been scrutinized which is hampering the functioning of the hospital
Calling the decision to cancel the registration of a private hospital on allegations of conducting a pre-natal test "harsh", the Delhi High Court has set aside the order passed by the District Advisory Committee (DAC).
Justice Sanjeev Sachdeva also ordered to release the ultrasound machines which were sealed after holding that the hard disks of the machines have still not been scrutinized which is hampering the functioning of the hospital.
"The action of cancellation of the registration is very harsh and virtually amounts to the entire functioning of the hospital coming to a standstill. This is, more so, in view of the fact that there is no allegation that in the past, the hospital or its staff was involved in any such violation, and further no criminal proceedings have been initiated or sought to be initiated against the hospital and/or its officers and staff," the court said in its order.
The court's direction came on a plea filed by 100-bedded MGS (Super) Specialty Hospital that had challenged the decision by the DAC, and thereafter the rejection of an appeal by the State Appropriate Authority.
According to the plea, on February 8, 2016, a decoy patient called Deepa had come to the hospital for conducting an ultrasound test of her full abdomen with a prescription. However, she did not disclose anything about her pregnancy. During the test, a raid was conducted and the doctor, Arun Singh Chauhan, who was appointed in the radiology department, was arrested with two other associates.
Six ultrasound machines were also seized from the hospital. A case was registered against three, including, Chauhan at the Punjabi Bagh Police Station.
Following this, a notice was issued to the hospital and subsequently its registration was suspended and thereafter cancelled on May 6, 2016, on charges of non-fulfillment of the formalities, and conducting pre-natal test.
The court held that there was no allegation that the staff of the hospital, other than Chauhan was aware of the sex determination test proposed to be conducted.
The court also observed that 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.
The court also expressed surprise on the non-examination of the machines, thereby setting aside the orders.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Private Hospital")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}