Neutral Citation No. - 2025:AHC-LKO:46430-DB Court No. - 1 Case :- WRIT - C No. - 6476 of 2025 Petitioner :- Apolo Hospital Multi Speciality Centre Hospital Thru. Authorised Signatory Ved Vyas Jaiswal Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical Health And Family Welfare U.P. Lko. And 4 Others Counsel for Petitioner :- Prabhat Kumar Upadhyay,Rama Shankar Mishra,Sachin Jaiswal Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard. The Officer, who is present today, has some documents in his hand but they are not part of his counter affidavit. It is second time that he has appeared in person before this Court, the first time, he appeared through video conferencing. During interaction, he stated that on 02.07.2025, the application for renewal was rejected. On being asked to demonstrate proof of service upon the petitioner with the help of dispatch register, he says that the information was uploaded on the portal. He has some document with him which contains the aforesaid information, however, there is no reasoned order. Rejection of an application for renewal, prima-facie, amounts to cancellation of registration or denial of registration. The least that was required is to reduce the reasons for the said decision in writing and communicate it to the petitioner. This has not been done. Moreover, it is informed that on 02.07.2025, the application was rejected and on that very date, the premises was sealed on the ground that the hospital was functioning without registration or without renewal. We fail to understand as to how on 02.07.2025 this reasoning was available to the officer as the rejection took place on that day itself and it is not possible that prior to 02.07.2025 the hospital was being run without registration or without renewal when the application for renewal was pending and no decision had been taken. He has in his possession a document containing various irregularities detected during the inspection conducted on 24.06.2025. He says that this was the reason, however, the notice for sealing the premises does not mention these reasons. We asked him as to whether these irregularities detected on 24.06.2025 were ever brought to the notice of the petitioner, he submitted that those were done by hand without any receiving. This is not how notices are to be served upon a person especially when they contain a proposal to take any adverse action. A proper notice in writing should be communicated to the petitioner by the means permissible in law. When there is an Act namely the Clinical Establishment (Registration and Regulation) Act, 2010 (hereinafter referred to as, the Act, 2010) and rules made thereunder, then they have to be adhered in its letter and spirit. It is also informed that for the past two years whenever inspections were conducted various irregularities were detected in running of the Hospital, but, it appears that no action such as one which has been taken now was taken earlier. If the Hospital in question is not being run in accordance with the Act, 2010 and the Rules made thereunder then it is within jurisdiction of the authority competent to take action as per law but only as per law and not dehors the same. Impugned order dated 02.07.2025 issued by the respondent no. 4 sealing the hospital is hereby set aside because after the application for renewal has been cancelled there is no question of the petitioner running the hospital however, without prejudice to the rights of the petitioner to challenge said cancellation. Petitioner is free to use the premises but not as a hospital or clinic as long as its registration stands cancelled. Of-course, if in future, it is found that the premises is being used for running the hospital or clinic dehors the cancellation of renewal application, the Act, 2010 and the Rules made thereunder then the C.M.O. or whosoever is competent can proceed against the petitioner in the matter. The Officer, who is present today would be better advised to go through the Act, 2010 and the Rules made thereunder for the future and act strictly in accordance with it. Writ petition is disposed of. [Manish Kumar, J.] [Rajan Roy,J] Order Date :- 8.8.2025/Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench