Doctor's Personal court case cannot be the disqualification under PCPNDT Act for registration of a center or its renewal..

Doctor's Personal court case cannot be the disqualification under PCPNDT Act for registration of a center or its renewal..

"Action of AA of refusal to renew registration of Center on the ground that Criminal Case relating to Matrimonial Relations is pending against the the Doctor ,was quashed by Hon. Rajasthan high Court".



Case Details :

  • Shipra Katta V/s. State of Rajasthan & anr. S.B. Civil Writ Petition No. 3826 / 2017.

The petitioner moved an application for renewal of registration of her center, which was refused by the AA relying upon the amended provisions of Rule 18-A(4)(ii) of the Rules of 1996.
The amended rule goes as under :
18(4) All the Appropriate Authorities including the State, District and Sub-district notified under the Act, inter-alia, shall observe the following conduct for registration and renewal of applications under the Act, namely:-
(i) .....;
(ii) ensure that no application for fresh registration or renewal is accepted if any case is pending in any court against the applicant.

The terms "any case" has to be interpreted any case under the PCPNDT Act, but the AA must have taken plain literal interpretation of the provision and even personal case was considered as bar .
The petitioner approached Hon. High Court and Hon.High Court struck down the action of AA and observed that the competent authority is under an obligation to take and decide the application as per provisions of law and it directed the AA to decide afresh the renewal of registration application, as per the provisions of Law.

Will it be exaggerated to say that, under PCPNDT , Doctor cannot have a personal life much less personal court case ?

"When the going gets tough,  tough gets going" . 

 What else can be said in these circumstances. ?

Thanks and Regards,
Adv. Rohit Erande
Pune. ©

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