Writ petition challenging rejection of application to register an Ultrasound Imaging Clinic. Court allowed petition, quashed impugned order finding it based on non-existent grounds, and remanded for fresh decision after hearing.
Impugned order dated 21.07.2018 set aside. Respondent directed to pass fresh order within 30 days after hearing.
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Court No. - 32
Case :- WRIT - C No. - 10455 of 2019
Petitioner :- Shiv Prasad Yadav Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Pavan Kishore,Piyush Kishore Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
This writ petition, inter alia, has been filed for the following reliefs:
"A. Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 21.07.2018 passed by the District Magistrate/Appropriate Authority (P.C.P.N.D.T) Jaunpur.
B. Issue a writ order or direction in the nature of mandamus directing the District Magistrate/Appropriate Authority (P.C.P.N.D.T.) Jaunpur to allow the petitioner's application dated 02.01.2018 for the registration of Ultra-Sound Clinic in the name and style of Shivam Ultra-Sound Centre, Machhalishahar, Jaunpur."
Heard learned counsel for the petitioner, Sri Chandan Kumar, learned Standing Counsel and perused the record.
A perusal of the record shows that the application of the petitioner dated 2.1.2018 filed for issuance of licence/registration for running Ultrasound Imaging Clinic/Centre has been rejected by the impugned order on the following grounds:
"2. Reasons for rejection of application for grant/renewal of registration:
_ NOT HAVING M.D. (RADIOLOGY), Diploma in Radiodiagnosis of P.G./Diplona in Obst. & Gynae._*
_ EXPERIENCE CERTIFICATE IS NOT GIVEN BY STATE/CENTRAL GOVERNMENT AUTHORITIES INSTITUTION."_*
Learned counsel for the petitioner stated that the application of the petitioner has been dismissed on non-existent and unsustainable grounds. He further submitted that Dr. Bajrangi Lal Verma has given his consent to be the part of the petitioner's Ultrasound Imaging Clinic, who is having Post Graduate Diploma in ultra-sonography and experience of six months in ultrasound imaging. He further submitted that since Dr. Bajrangi Lal Verma is attached to the Ultrasound Imaging Clinic of the petitioner and is having Post Graduate qualification in Child Health, the petitioner is entitled to open Ultrasound Imaging Clinic under Rule 3 (1) of The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996. He further submitted that the District Magistrate/Appropriate Authority (P.C.P.N.D.T.), Jaunpur has observed in its impugned order dated 21.7.2018 that the petitioner is not having M.D. (RADIOLOGY), Diploma in Radiodiagnosis of P.G./Diploma in Obst. & Gynaem but he is silent about the degree of Paediatrician, as such, the impugned order passed by the District Magistrate/Appropriate Authority (P.C.P.N.D.T.) cannot be sustained and is liable to set aside.
Learned counsel for the petitioner further submitted that the second reason disclosed for the rejection of the application of the petitioner is not applicable in the petitioner's case because Dr. Bajrangi Lal Verma, who is attached with the
ultrasound imaging clinic of the petitioner is a Pediatrician. It is only applicable to those who come within the definition of Rule 3 (3)(1b) of The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996. It is further submitted that the impugned order passed by the District Magistrate/Appropriate Authority (P.C.P.N.D.T.), Jaunpur is against the statutes and is depriving the petitioner for opening the ultrasound imaging clinic. It was further submitted that the petitioner is fulfilling all the eligibility criteria for the registration of the ultrasound imaging clinic, as such, the District Magistrate/Appropriate Authority (P.C.P.N.D.T.), Jaunpur is bound to grant licence/registration to the petitioner for running the ultrasound imaging clinic and the same cannot be denied by passing the impugned order.
We find substance in the arguments raised by the the learned counsel for the petitioner.
Learned Standing Counsel has very fairly conceded that the impugned order passed by the District Magistrate/Appropriate Authority (P.C.P.N.D.T.), Jaunpur may be set aside and the concerned District Magistrate/Appropriate Authority (P.C.P.N.D.T.) may be directed to pass afresh order in accordance with law.
In view of the above, the writ petition is allowed and the impugned order dated 21.7.2018 passed by the District Magistrate/Appropriate Authority (P.C.P.N.D.T.), Jaunpur is hereby set aside.
The Respondent No. 3, District Magistrate/Appropriate Authority (P.C.P.N.D.T.), Jaunpur is directed to pass afresh order in
accordance with law after giving opportunity of hearing to the petitioner within a period of 30 days from the date of receipt of a certified copy of this order.
Order Date :- 9.5.2019
vinay
3 issues framed by the court
Whether the petitioner's rejection of application for Ultrasound Imaging Clinic registration was sustainable under the Pre-conception and Pre-natal Diagnostic Techniques Rules.
Whether the authorities can refuse registration based on absent medical qualifications when the Rules allow registration based on other doctor categories.
Whether the impugned order should be set aside and a fresh order passed.
Shiv Prasad Yadav
State Of U P
District Magistrate/Appropriate Authority (P.C.P.N.D.T) Jaunpur
Shashi Kant Gupta
Pankaj Bhatia
As recorded by the court registry
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