MADURAI: Citing procedural violations, the Madurai Bench of Madras HC on Monday quashed an order passed by the Directorate of Medical and Rural Health Services cancelling the licence of Cethar hospital in Tiruchy for its alleged involvement in the kidney racket.
Justice GR Swaminathan decided on a petition filed by Cethar hospital seeking relief on the ground that relevant procedures were not followed by the authorities while cancelling the licence.
Additional Advocate General M Ajmal Khan argued that the petition itself was not maintainable as the hospital had already filed an appeal before the government against the cancellation. He cited a 1997 Supreme Court judgment which said a litigant cannot be permitted to pursue two parallel remedies in respect of the same matter at the same time.
However, the judge pointed out that in such situations, the petitioner has an option to choose one of the two remedies. Noting that the appeal filed by another hospital, which also faced the same charges and action, was rejected by the government, the judge said it is unlikely that the petitioner would have a different fate.
Referring to Section 16 of the Transplantation of Human Organs and Tissues Act, 1994, which mandated issuance of notice and granting opportunity of hearing before cancelling the licence, the judge observed that none of it was done by the govt.
Criticising this, the judge said, “The case may pertain to transplantation. But the authority cannot transplant or supplant their own procedur.” Since the petitioner’s counsel said the petitioner would withdraw their appeal before the government, the judge quashed the cancellation order on the above grounds.
