Madras HC quashes government order sealing hospital allegedly involved in illegal sale of oocyte

The Madras High Court in the case Sudha Hospital v. The Director of Medical And Rural Health and another observed and quashed an order of the Government of Tamil Nadu sealing Sudha Hospital in Erode for their allegedly involvement from a 16 year old girl, in illegal sale of oocyte.

The bench comprising of Justice Abdul Quddhose observed and quashed the order after observing that the respondent authorities had failed to record in writing the reasons for suspending the registration of the clinic establishment without issuing any notice, as under proviso to Section 5 of the Tamil Nadu Private Clinical Establishment (Regulation) Act 1997 and Section 20(3) of the Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994, the notice was necessary to be issued.

Earlier this month, the Sudha hospital was shut down by the Government of Tamil Nadu after after an alleged Illegal sale of oocytes of a minor girl using forged Aadhaar Card came to light. It was observed that the hospital equipments were sealed and the in patients were directed to be discharged within a period of 15 days. The writ petition was preferred, against this order.

Before the Court, when the matter came up, it was contended by the petitioner that the order of sealing of the hospital and preventing them not to intake any new patients, the order was violative of Article 19 of the Constitution. It was also contended by them that the drastic order was passed without granting them an opportunity of hearing under Section 5(2) of the Tamil Nadu Private Clinical Establishment (Regulation) Act 1997. Further, highlighting that the Petitioner was a reputed hospital that had been functioning in Erode for the past 35 years, the petitioners also pointed out that there were patients in the hospital who required treatment which included scanning and thereforethe seizing of ultrasound scan machine and other equipments would affect the patients drastically.

The Additional Advocate General, appearing for the respondent submitted submitted that the order was passed after investigation by a team revealed gross violations in the conduct of the management of the hospital. However, the hospital had received oocyte from a minor girl through illegal procedures in gross violation of the Assisted Reproductive Technology (Regulation) Act, Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994 and the 1997 Act of Tamil Nadu Private Clinical Establishment (Regulation).

Further, it was argued that the hospital authorities were aware that the child was minor and still proceeded with the medical procedure following the age provided in the fake Aadhaar Card. It was also contended by the respondent that since public interest was involved, the respondent was within authority when it ordered sealing of the Hospital without granting them an opportunity of hearing. After hearing both the sides, the Court recommended that a panel of doctors, to be appointed by the Respondent and could be directed to supervise the operations of the hospital till the final disposal of the case. The State refused the same.

In the present case, the court after closely looking into the provisions of the Tamil Nadu Private Clinical Establishment Act and the Pre-Conception & Pre-Natal Diagnostic Techniques Act, the court was of the opinion that from the side of the respondent, it had had failed to record in writing the serious allegations that were made against the hospital and which were listed out in the counter affidavit.

Accordingly, the impugned order is quashed by the court and the respondent authorities are directed to de-seal the hospital equipment’s within a period of three days. The Court also directed the authorities to consider the matter afresh and conduct fresh investigation after giving reasonable opportunity of hearing to the hospital.

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