MAHAVEER HOSPITAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) By an order dated 7.8.2006 the Chief Medical & Health Officer, Udaipur consequent to an inspection made by the team constituted by the Directorate of Medical and Health Services cancelled the certificate of approval for place to undertake medical termination of pregnancy. A petition seeking review of the order aforesaid also came to be rejected by the State Government vide order dated 12.8.2012. The petition for writ giving challenge to the orders aforesaid also came to be rejected by learned Single Bench on 17.9.2013, hence this appeal is before us.

(2.) The case of the appellant petitioner is that the certificate issued to it as per provisions of Rule 5 of the Medical Termination of Pregnancy Rules, 2003 (hereinafter referred to as 'the Rules of 2003') has been cancelled by the Chief Medical Officer, Udaipur without adhering the procedure specified under Rule 7(1) of the Rules aforesaid. Learned Single Bench while rejecting the argument raised on behalf of the petitioner held as under :-

(3.) In appeal, the argument advanced on behalf of the appellant petitioner is that as per sub-rule(1) of Rule 7, the Chief Medical Officer could have cancelled the certificate only after satisfying himself that the facilities specified in Rule 5 were not properly maintained and the termination of pregnancy were not being done under a safe and hygienic conditions at the petitioner hospital.