The Madurai Bench of the Madras High Court on Monday quashed the order cancelling the licence of Cethar Hospital, Tiruchi, to conduct liver and kidney transplantations. The court held that the statutory procedure was not followed.
The court was hearing the petition filed by Cethar Hospital. The licence was temporarily suspended in July and was permanently cancelled in August in the wake of the illegal kidney sale racket being reported in Tamil Nadu. The petitioner hospital challenged the order passed by the State. As similar order had been passed against Dhanalakshmi Srinivasan Medical College and Hospital at Perambalur.
Justice G. R. Swaminathan observed that Section 16 (2) of the Transplantation of Human Organs and Tissues Act, 1994, clearly states that only after giving reasonable opportunity of being heard to the hospital, the appropriate authority can cancel the registration.
The court observed that the procedure has been given a complete go by. The authority did not adhere to the principles of natural justice as enshrined in the provision. A mere look at the order of cancellation is enough to conclude that the statutory procedure has been totally disregarded. It is a case of rank illegality.
The court observed that when law prescribes adopting a particular and specified procedure, it must be followed. The case may pertain to transplantation. But the authority cannot transplant or supplant their own procedure. No notice was issued. No hearing was given.
The materials said to have been gathered by the authority were not furnished to the petitioner. The satisfaction of the authority that there was breach of statutory provisions by the registrant must follow personal hearing, the court observed.
On this sole ground of violation of principles of natural justice and the fact that the procedure contemplated under Section 16 of the Act was not complied with, the order of cancellation is set aside, the court observed.
The impugned order of cancellation stands quashed. The order of suspension will not revive as it has merged with the cancellation order. It is needless to mention that appropriate authority is at liberty to act as per law, the court observed.
Published – November 03, 2025 10:28 pm IST
