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Supreme Court of India 2024-03-04 dismissed

CHIEF DISTRICT HEALTH OFFICER vs JASHMINA DILIP DEVDA & ANR

Bench: 2 — J.K. Maheshwari, K.V. Viswanathan

In Brief

A hospital's registration was suspended under the Pre-conception and Prenatal Diagnostic Techniques Act (PC&PNDT Act) following inspection that revealed contraventions. The authorities initially suspended without notice, then later sought to justify the suspension as an emergency public interest measure. The Supreme Court held that while Section 20(3) of the PC&PNDT Act permits suspension in public interest without notice, such power is extraordinary and sparingly used. The authority must form a distinct opinion that suspension is necessary for public interest and record written reasons supporting that opinion—not merely restate that the violations are contrary to public interest. The Court upheld the High Court's decision setting aside the suspension, finding the authority failed to articulate reasons distinct from the mere breach allegations required for such extraordinary action.

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Medical Regulation Statutory Interpretation Pre-conception and Prenatal Diagnostic Techniques Act Administrative Law Healthcare Licensing

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