DEEPAK SHYAMSUNDER SANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Considering the nature of controversy, after hearing the respective counsel on 12.07.2016, we adjourned the matter to today. Today, we have heard Shri Dadhe, learned counsel for the petitioner, Shri Patil, learned AGP for respondent No. 1 and Shri Kukday, learned counsel for respondent Nos. 2 & 3, finally by issuing Rule and making it returnable forthwith.

(2.) By placing reliance upon the Division Bench judgment of this Court dated 30.11.2015 in Writ Petition No. 2871 of 2012 (Dr. Percy s/o Savakshaw Jilla vs. The State of Maharashtra & Ors.) delivered at Aurangabad Bench, Shri Dadhe, learned counsel submits that the petitioner, who is a leading Medical Practitioner in the city of Nagpur, dealing exclusively with Heart treatment is required to use the 2D Echo Colour Doppler Machine for treating his patients. To attend the patients, he is required to visit I.C.C.U. at Shravan Hospital, Nandanwan and Sanjivani Critical Care at Sakkardara, Nagpur. The patients in critical condition at those places cannot be shifted to his clinic and, therefore, he has to carry 2D Echo Colour Doppler Machine to Nandanwan and Sakkardara area. Shri Dadhe, learned counsel, submits that the said machine is duly registered on 17.02.2014 itself and as the petitioner is not practicing as Gynecologist and is not treating any ailment relating to birth of a child, there is no question of the petitioner using that machine for the purposes of sex determination or undertaking any Prenatal Diagnostic procedure.

(3.) He invites attention to the fact that the petitioner has accordingly made a disclosure on an affidavit before this Court as also before Respondent No. 3, however, Respondent No. 3 by one line order, passed on 15.01.2015, rejected the application of the petitioner for permission to move and use that machine in other establishments.