DISTRICT APPROPRIATE AUTHORITY UNDER THE PNDT ACT AND CHIEF DISTRICT HEALTH OFFICER vs. JASHMINA DILIP DEVDA & ANR.
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A) ABSTRACT / HEADNOTE

This case revolves around interpreting Sections 20(1), 20(2), and 20(3) of the Pre-conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (PC&PNDT Act). The judgment analyzed the power of the appropriate authority to suspend or cancel the registration of medical facilities violating the Act. It emphasized the necessity of providing notice and a fair hearing under Sections 20(1) and 20(2), whereas Section 20(3) allows suspension without notice in cases of public interest but with documented justification. The Supreme Court upheld the High Court’s decision invalidating suspension orders due to non-compliance with statutory requirements.

Keywords: Cancellation or Suspension of Registration, Public Interest, Breach of Provisions, PC&PNDT Act, Reasonable Opportunity of Hearing

B) CASE DETAILS

i) Judgment Cause Title
District Appropriate Authority under the PNDT Act and Chief District Health Officer v. Jashmina Dilip Devda & Anr.

ii) Case Number
Civil Appeal No. 3831 of 2024

iii) Judgment Date
March 4, 2024

iv) Court
Supreme Court of India

v) Quorum
Justice J.K. Maheshwari and Justice K.V. Viswanathan

vi) Author
Justice J.K. Maheshwari

vii) Citation
[2024] 3 S.C.R. 60: 2024 INSC 173

viii) Legal Provisions Involved

  • PC&PNDT Act, 1994: Sections 20(1), 20(2), 20(3)
  • Relevant Rules under the Act

ix) Judgments Overruled by the Case (if any)
None specified

x) Case Related to Which Law Subject
Public Health Law, Regulatory Law, Administrative Law

C) INTRODUCTION AND BACKGROUND OF JUDGMENT

The case examined the suspension of the registration of a hospital operated by the respondent, alleged to have violated provisions of the PC&PNDT Act. The petitioner, acting under Section 20(3), suspended the registration, citing public interest without issuing prior notice or granting a hearing. This order was challenged, leading to this appeal.

D) FACTS OF THE CASE

The respondent, Jashmina Dilip Devda, managed a hospital registered under the PC&PNDT Act. Following a complaint regarding violations, the District Appropriate Authority inspected the facility. The inspection report found breaches of various provisions, including improper maintenance of mandatory records.

On October 25, 2010, the authority suspended the hospital’s registration under Sections 20(1) and 20(2) without notice. After an appellate order for reconsideration, a fresh suspension was issued on December 29, 2010 under Section 20(3). The respondent challenged both suspensions in the Gujarat High Court, which invalidated the orders. The current appeal arose from this High Court decision.

E) LEGAL ISSUES RAISED

i) Whether Sections 20(1), 20(2), and 20(3) of the PC&PNDT Act were correctly interpreted and applied by the appropriate authority.
ii) Whether the suspension under Section 20(3) met the statutory requirements of necessity and expediency in public interest with reasons recorded in writing.
iii) Whether the respondent was denied natural justice under Sections 20(1) and 20(2).

F) PETITIONER/APPELLANT’S ARGUMENTS

i) The petitioner argued that Section 20(3) grants independent and extraordinary powers to suspend registration without notice when public interest necessitates immediate action.
ii) It was claimed that the High Court erroneously conflated powers under Section 20(3) with Sections 20(1) and 20(2), which require notice and a hearing.
iii) The suspension orders were justified under the Act’s objectives to prevent misuse of prenatal diagnostic techniques.

Supporting Case Laws:

  • Malpani Infertility Clinic Pvt. Ltd. v. Appropriate Authority, 2004 SC Online Bom 834
  • J. Sadanand M. Ingle v. State of Maharashtra, 2013 SCC Online Bom 697

G) RESPONDENT’S ARGUMENTS

i) The respondent contended that the suspension orders were invalid as they lacked statutory compliance with Section 20(3), which mandates detailed reasons for immediate suspension.
ii) The High Court’s view that Section 20(3) must be sparingly used in extraordinary circumstances was emphasized.
iii) Procedural lapses, including absence of notice and hearing under Sections 20(1) and 20(2), were highlighted.

Supporting Case Laws:

  • Priykant Mokalal Kapadia v. State of Gujarat, Special Civil Application No. 9424 of 2014
  • Sujit Govind Dange v. State of Maharashtra, 2012(6) Mh.L.J. 289

H) JUDGMENT

a. Ratio Decidendi

  • Section 20(3) operates independently of Sections 20(1) and 20(2) but requires documentation of reasons demonstrating necessity or expediency in public interest.
  • Suspension orders failing to meet statutory requirements are invalid.

b. Obiter Dicta (if any)

  • Powers under Section 20(3) must be sparingly invoked to avoid redundancy of Sections 20(1) and 20(2).

c. Guidelines

  • Authorities must issue detailed, reasoned orders justifying the exercise of Section 20(3).
  • Suspension under Section 20(3) should be interim and proportional.

I) CONCLUSION & COMMENTS

The judgment underscores procedural safeguards in administrative actions under the PC&PNDT Act. It reaffirms the importance of natural justice and the need for authorities to adhere strictly to statutory mandates when exercising discretionary powers.

J) REFERENCES

a. Important Cases Referred

  1. Malpani Infertility Clinic Pvt. Ltd. v. Appropriate Authority, 2004 SC Online Bom 834
  2. J. Sadanand M. Ingle v. State of Maharashtra, 2013 SCC Online Bom 697
  3. Priykant Mokalal Kapadia v. State of Gujarat, Special Civil Application No. 9424 of 2014
  4. Sujit Govind Dange v. State of Maharashtra, 2012(6) Mh.L.J. 289

b. Important Statutes Referred

  1. Pre-conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
  2. Relevant rules under the Act

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