Two main issues emerged in this case, one related to suspension and cancellation of registration and other related to de-sealing and release of USG machine.

Introduction:

Issue of Public Services/Public Interest:

Delhi High Court further added in today’s day and time, in the absence of availability of adequate government medical facilities, private hospitals provide requisite medical facilities to the public. The Hospitals in that sense render public service. [Para 74]

Orders of the nature passed by the Respondent have the effect of depriving the general public of medical facilities that a 100 bedded Multi Super-Speciality Hospital has to offer.

This becomes more egregious in view of the fact that no case has been filed against the Hospital and/or its officers/staff for having violated the provisions of the Act and further the Respondents themselves failed to inform the Hospital about the pending case against Dr. Arun Singh Chauhan for having, in the past, violated the provisions of the act. [Para 75]

The DAC has also not noticed, that the provisions of section 20 of the Act do not mandate that in all cases, the registration has to be cancelled. If it is not mandatory to cancel the registration in all cases, then where is the question of denial of NOC for purchasing a new ultrasound machine merely on the ground that the Hospital has violated the provisions of the Act and the Rules. [Para 72]

The DAC has completely lost sight of the fact that the Hospital is a 100 bedded Multi Super-Speciality Hospital and it is not possible for a hospital to function without having the facilities of ultrasound. Today ultrasound examination has become the very basic and mandatory diagnostic technique for examination and treatment of nearly all ailments. [Para 73]