TIRUPATI DIAGNOSTIC CENTER Vs. DISTRICT APPROPRIATE AUTHORITY ALIAS CIVIL SURGEO GENERAL HOSPITAL JALNA

JUDGEMENT

(1.) Heard. Rule made returnable forthwith. With the consent of parties, petition is taken up for final disposal at admission stage.

(2.) Petitioner is a Medical Practitioner possessing qualification of M. B. B. S., M. D., D. M. R. D. and D. M. R. E. Petitioner runs a diagnostic center at Jalna and also conducts ultra sonography examination with the help of diagnostic machine. In the year 2004, the District Appropriate Authority granted permission to the petitioner to carry out tests. It is the case of the petitioner that the District Appropriate Authority visited and inspected the diagnostic center run by the petitioner on 5-7-2011 and found that at some places in the forms maintained by the petitioner, date has not been mentioned and such other minor defects in respect of maintenance of record. The Appropriate Authority, after inspection, without affording an opportunity of being heard to the petitioner and without specifying any reason for dispensing with the permission, proceeded to suspend registration of the diagnostic center run by petitioner. Petitioner preferred appeal against the order of Appropriate Authority under the provisions of Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996. However, appeal came to be dismissed by appellate authority in view of order passed on 9-11-2011.

(3.) Mr. Dixit, learned Senior Counsel, appearing on behalf of petitioner contends that the order passed by the Appropriate Authority as well as the appellate authority is violative of provisions of the Act and as such deserves to be set aside. It is also contended that considering the merits of the contentions and the nature of allegations, action of suspension of registration is too harsh and ought not to have been invoked. It is also pointed out that the Appropriate Authority in the matter of non-observance of rules has proceeded to file criminal complaint against petitioner which is pending. Upon consideration of the application tendered by petitioner, the Chief Judicial Magistrate, Jalna, in view of order passed on 16-11-2011, directed to release the Ultra Sonography machine which was seized.