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.

(2.) The facts leading to the present case are as follows:-

(3.) 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 Director of Family Welfare, Odisha.