The truth behind the alleged illegal oocyte sale in Erode district cannot be unearthed unless the private hospital involved in the case is given a fair opportunity of hearing by the Directorate of Medical and Rural Health Services before initiating action under various medical enactments, the Madras High Court has said.
Justice Abdul Quddhose wrote: “There may be several newspaper reports regarding instances of violations that is said to have taken place in the petitioner hospitals (Sudha Hospitals represented by K. Sudhakar). But that cannot be used as a piece of evidence unless it is substantiated by oral and documentary evidence.”
He set aside the action taken against the hospital without affording it an opportunity of hearing, and directed the Joint Director of Health Services in Erode to afford a fair hearing to the private hospital management by permitting it to produce necessary documents, records and witnesses in support of its case. Such hearing must be completed and final orders must be passed within 12 weeks, he added.
