D. S. MEMORIAL HOSPITAL Vs. STATE OF MP

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the impugned order/ notice dated 04/01/2020 (Annexure P-1) issued by respondent No.2, by which the licence of the petitioner granted under Madhya Pradesh Upacharyagriha Tatha Rujopchar Sambandhi Sthapanaye (Registrikaran Tatha Anugyapan) Adhiniyam, 1973 [in short 'the Adhiniyam, 1973'] has been suspended for a period of thirty days.

(2.) It is submitted by the counsel for the petitioner that the petitioner- Society had decided to open a nursing home in the name of D. S. Memorial Hospital, Near Sitholi Station, Jhansi Road, Gwalior. On 04/01/2020, the nursing home was inspected by the respondent No.2 and some deficiencies were found which were mentioned in the impugned order/notice dated 04/01/2020. It is submitted that by the impugned order/notice issued under the Adhiniyam, 1973 and Rules framed there-under, the registration/licence of the petitioner has been suspended for a period of thirty days and the petitioner has also been directed to rectify the defects, failing which the registration under the Adhiniyam, 1973 shall not be renewed and the petitioner would be required to close down the Hospital/Nursing Home. It was also mentioned in the impugned notice/order that the proceedings for cancellation of registration/licence are under contemplation.

(3.) Challenging the impugned notice/order issued by respondent No.2, it is submitted by counsel for the petitioner that neither under the Adhiniyam, 1973 nor under the Rules, there is any provision for suspension of registration/licence and, thus, the suspension of registration/licence of the petitioner's Hospital/Nursing Home is without jurisdiction.