Petitioner challenged an order cancelling hospital registration under the PCPNDT Act. The court held the petition was not maintainable and directed the petitioner to avail the alternative remedy of appeal under Section 21 of the Act.
Petition dismissed; petitioner directed to approach appropriate authority for appeal under Section 21 of the Act.
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Court No. - 21
Case :- WRIT - C No. - 18252 of 2022
Petitioner :- Mrs. Surekha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd Aadil Siddiqui Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The petitioner has challenged an order dat ed 28.12.2017 passed by respondent no.2 in purported exercise of power under Section 20 of the Pre-conception And Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. T he order is against Dr. Himanshu Singh, owner of Pulse Multi Superspeciality Hospital (Dr. Baijnath Memorial Hospital & Research Centre), cancelling the registration of the hospital under the provisions of the Act with some further directions.
Learned Standing Counsel points out that firstly, it is doubtful that petition at the behest of the petitioner is maintainable, as the order is against Dr. Himanshu Singh, owner of Pulse Multi Superspeciality Hospital. He further submitted that even if the petitioner has locus to challenge the impugned order, he has remedy of filing appeal against the same under Section 21 of the Act, which could not be disputed by learned counsel for the petitioner.
Consequently, we decline to entertain the challenge and relegate the petitioner to the alternative remedy available under the Act.
The petition stands disposed of accordingly.
(Dr. Y. K. Srivastava, J.) (Manoj Kumar Gupta, J.)
Order Date :- 7.7.2022/Jaideep/-
Digitally signed by JAIDEEP BANERJEE Date: 2022.07.07 15:32:59 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioner is entitled to challenge an order passed against a hospital owner under Section 20 of the Pre-conception And Pre-natal Diagnostic Techniques Act, 1994.
Whether the petitioner can proceed with the writ petition when an alternative remedy of appeal is available under Section 21 of the Act.
2 provisions across 1 enactments
Mrs. Surekha
State Of U.P.
Unidentified 1
Unidentified 2
Unidentified 3
Manoj Kumar Gupta
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
