SUKHADA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule.

(2.) The petitioner before this Court is a Medical Practitioner possessing certificate of registration issued by the Appropriate Authority under the provisions of the Preconception and Pre natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994 (hereinafter referred as to the "Said Act" for the sake of brevity) for the purpose of carrying out Genetic Counselling Centre/Genetic Laboratory/Genetic Clinic, PreNatal Diagnostic Test, ultrasound as laid down under said certificate. The said certificate of registration is for a period of five years ending on 11th December, 2012. It appears that, the petitioner is engaged in the said profession.

(3.) The petitioner received a show cause notice dated 14.06.2012 from the Appropriate Authority seeking explanation from the petitioner about the irregularities in the maintenance of the record as is enumerated in the said show cause notice. The petitioner replied the said show cause notice saying that the discrepancies mentioned in the notice are due to use of old F Form and old consent forms. The Appropriate Authority thereafter vide notice dated 29.06.2012 asked the petitioner to remain present for hearing. The petitioner remained present for hearing and in writing put forth the submissions. Thereafter, on 04.07.2012, the Appropriate Authority who is the Health Officer of the Municipal Corporation, Aurangabad directed the petitioner to give the said explanation on a bond of Rs. 100/ on or before 07th July, 2012.