KALPESH J PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As the parties to these petitions and the factual matrix are the same and the issues involved in both petitions are overlapping, it is found appropriate to decide the petitions, which were heard together, by a common judgment.

(2.) By preferring this petition under Article 226 of the Constitution of India, the petitioner has challenged the communication dated 13.05.2011, whereby the explanation dated 01.05.2011 offered by the petitioner to the notice dated 24.04.2011, issued by the Appropriate Authority (District Ahmedabad), for contraventions of the provisions of the Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 ("the PNDT Act for short) has not been accepted. The action of the Appropriate Authority of sealing two Sonography machines in the Clinic of the petitioner, as per Panchnama dated 13.05.2011, is also the subject-matter of challenge.

(3.) Briefly stated, the facts, as stated in the petition, and discernible from the material on record, are as follows. The petitioner is a Radiologist, holding an M.D., D.M.R.E. Degree. It is stated that the petitioner had been to France and Germany for about five years and had worked as a Radiologist in the King Khalid Hospital at Saudi Arabia. Thereafter, he had served in a Government department for five years and had later started his own independent Clinic in the year 2003. The petitioner, at one point of time, had a Sonography machine in a mobile van and his registration number was 478. On 12.05.2006, the respondent authority had seized certain documents leading to the sealing of the Sonography machines of the petitioner. This led to the filing of a petition by the petitioner, being Special Civil Application No.14495 of 2006, which was disposed of, by order dated 03.08.2006 of this Court, subject to furnishing of an Undertaking by the petitioner. The petitioner filed Miscellaneous Civil Application No.68 of 2007, seeking to withdraw the Undertaking, which was permitted, by order dated 05.02.2007. At that point of time, the petitioner had his Radiology Clinic at another place. Thereafter, the petitioner shifted to the present Clinic, which is being run under the name and style of "Dr.Kalpesh Patel's Imaging House. The petitioner applied, afresh, for registration of the said Clinic, which was granted on 08.04.2009, as Registration No.813. The Certificate of Registration has been issued for five years and is valid upto 07.04.2014, subject to the provisions of the PNDT Act and Rules framed thereunder. It is stipulated therein, that any contravention of the PNDT Act and Rules will result in suspension, or cancellation, of the Certificate of Registration, before the expiry of five years, apart from prosecution.