DASHRATH SHAMRAO SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the respective parties. By the present petition, the petitioner who is running a sonography centre i. e. a Genetic Clinic with a sonography manchine namely 'Shinde hospital', is challenging the order dated 7-12-2010 passed by respondent No. 3 Civil Surgeon, Buldhana.

(2.) Mr. Deshpande, the learned counsel for the petitioner submits that the petitioner is a qualified Doctor having M. B. B. S. degree at his credit and runs a clinic namely Shinde Hospital. He further submits that the petitioner purchased a Sonography machine and the same is installed in his clinic. He further submits that a register is maintained by the petitioner and record is duly maintained about the patients attended for sonography test. The learned counsel for the petitioner further submits that the petitioner has completed all the required formalities as prescribed under 'F' form. He further submits that the impugned order passed by respondent No. 3 the Civil Surgeon, Buldhana, dated 7-12-2010 thereby sealing the sonography centre and suspending the registration of the clinic of the petitioner is wholly unsustainable. In challenge to the impugned order, the learned counsel for the petitioner raised his first contention that in view of the provisions of section 20 of The Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (57 of 1994) (hereinafter referred to as "the PCPNDT Act"), the petitioner ought to have been granted an opportunity of a personal hearing. The second contention of the learned counsel for the petitioner is that the impugned order do not reflect that the order is passed 'in public interest'. The third contention of the learned counsel for the petitioner is that no reasons are recorded for passing the impugned order. Lastly, the learned counsel for the petitioner contended that the order has been passed by respondent No. 3, who is not the Appropriate Authority to pass such order under the Act. In support of these contentions, the learned counsel for the petitioner has placed reliance on the order passed by this Court in Writ Petition No. 2766/2010.

(3.) Ms. Tajwar Khan, the learned Assistant Government Pleader for the respondents submitted that the PCPNDT Act empowers the Authority to seal the sonography centre without issuing any notice, if the action is in public interest. The learned A. G. P. further submits that in view of the recent Government Circular, the Civil Surgeon is entrusted with the power of sealing.