UMESH BHAVSAR Vs. DISTRCIT PANCHAYAT

JUDGEMENT

(1.) All these petitions involve common questions on law and facts and therefore, they are disposed of by this common judgment. The petitioners herein are the medical practitioners, having specialized knowledge in the field of 'Gynaecology'. The petitioners have been running their own hospitals/nursing homes/clinics and for certain treatments/operations, they use certain ultra-modern machines. One such machine is the Sonography machine. Diagnostic sonography is an ultrasound based diagnostic imaging technique used to visualize subcutaneous body structures, including tendons, muscles, joints, vessels and internal organs for possible pathology or lesions. Obstetric sonography is commonly used during pregnancy and is widely recognized by the public. It is mainly used for ascertaining the development, abnormality or otherwise of the foetus, various diseases related to pregnancy, etc. Under the relevant provisions of law, a Clinic having facility of sonography is required to get a Certificate of Registration issued in its favour by the competent authority. The petitioners herein also applied before the competent authority for the issuance of the said Certificate of Registration in the prescribed form. In pursuance thereof, the competent authority issued the Certificate of Registration in their favour and the petitioners have been using the sonography machines in their clinics since then.

(2.) However, on the premise that the said machines were being allegedly used by the petitioners for determining the sex of the foetus, the respondent-authority inspected their clinics and applied seals on the examination rooms where the sonography machines were kept so as to ensure that the said machines could not be put to any use. The petitioners made representations to the respondent-authority requesting to open the seals. However, the same were rejected.

(3.) Being aggrieved by the aforesaid action of the respondent-authorities, the petitioners have approached this Court by way of the present petitions.