DINESH KUMAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Regard being had to the similitude of the question involved, on the joint request of the parties, the matters are analogously heard and decided by this common order. The facts are taken from W.P. No.17369/2020.

(2.) Petitioner, presently posted as Gynecologist in the District Hospital, Shahdol is aggrieved by the order dated 22.10.2020, passed by the Chief Medical and Health Officer, Shahdol, whereby his application under Preconception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short the Act of 1994) for renewal of certificate of registration of Sonography Centre has been rejected and registration of his Sonography Centre has been cancelled, on the ground that in view of the order dated 07.08.2013, issued by the State Government, Public Health and Welfare Department, Bhopal, the doctors employed in government service cannot be granted licence/registration under Section 4(3) of the Madhya Pradesh Upcharyagriha Tatha Rujopchar Sambandi Sthapanaye (Registrikaran Tatha Anugyapan) Adhiniyam, 1973 (for short the Act of 1973).

(3.) The undisputed facts as as follows :- In the year 2013, the petitioner applied for registration of ultrasound centre/sonography centre under the Act of 1994. The Appropriate Authority exercising the powers under Section 19(1) of the Act of 1994, granted certificate of registration for a period of five years, i.e., from 29.04.2013 to 28.4.2018 vide registration certificate Annexure P-1. The petitioner applied for renewal of the certificate of registration in the month of February, 2018, before the Appropriate Authorityalongwith the relevant documents and requisite fees. However, by the order impugned passed by the respondent No.4 his application for renewal of certificate of registration of sonography centre/ultrasound clinic was rejected and registration of sonography centre was cancelled and his sonography centre/clinic was sealed.