CARE DIAGNOSTIC Vs. STATE OF ORISSA AND ORS

JUDGEMENT

(1.) Petitioner in this application has challenged the order dated, 21.1.2015 passed by opposite party No. 2-District Magistrate & Collector-cum-District Appropriate Authority, PCPNDT Act, Nayagarh rejecting the renewal application of Care Diagnostic Khandapada Road, Nayagarh as per 8(3) of PCPNDT (Prohibition of Sex Selection) rules, 1996 as well as the forwarding letter dated 22.1.2015 issued by opposite party No. 3-Chief District Medical Officer, Nayagarh vide Annexure-1 series. The facts leading to the present case are as follows:

(2.) While the matter stood thus on 28.10.2014 the Assistant District Medical Officer (FW) cum-Chairperson, Sub-Committee, PCPNDT Act, Nayagarh communicated a common circular for compliance as per letter dated 18.7.2014 issued by Directorate of Family Welfare, Odisha. The said communication was received by the petitioner on 31.10.2014. Petitioner has not submitted any reply to the said communication with a view that since the petitioner is confined to ultrasound, Orissa Clinical Establishment has no application to it. Petitioner has received the communication dated 22.1.2015 made by opposite party No. 3 along with order of rejection dated 21.1.2015 for renewal of application. The said communication has made on the ground of non-registration of petitioner's establishment under Section 3 of Clinical Establishment Act, 1990 and communication dated 18.7.2014 made by the Directorate of Family Welfare, Odisha.

(3.) Learned counsel for the petitioner contended that Orissa Clinical Establishments (Control and Regulation) Act. 1990 (hereinafter referred to as the Act. 1990) is not applicable to the petitioner's establishment. In view of Section 1(4)(c) the Act, 1990 and as per the definition of clinical establishment. The said provision which clearly stipulates that clinical establishment having four or less numbers of beds or a clinical laboratory established and maintained, in any area not included within any municipal or notified area, by a qualified Medical Practitioner for treatment of emergency patients or for diagnosis of disease of his own patients The petitioner unit IS not coming within those criteria and petitioner's establishment having not violated any of the provision of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules 1996 the impugned order dated 21.1.2015 passed by OM & Collector-cum-District Appropriate Authority, PCPNDT Act, Nayagarh which was communicated by the Chief District Medical Officer by letter dated 22.1.2015 rejecting the petitioner's application for renewal of the registration as per Section 3 of the Clinical Establishment Act as provided under Section 8(3) of the Pre-conception and' Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 without giving an opportunity of hearing IS illegal and liable to be quashed.