No Relief to Doctor in desealing the machine as F-Form & other discrepancies were found- Hon. Bombay High court.

Case Details :
Dr.Varsha Bajirao Manurkar-Kadam V/s The Appropriate Authority, Nanded.
Cr. W.P. no.88/2017, decided on 20/12/2017,CORAM : Hon. Prakash Deu Naik J.



Judgment Link :

https://indiankanoon.org/doc/91370319/



Facts of the case :

1. The Petitioner Doctor was running a Ultra-Sound Clinic for about 12 years. It is the case that on 23/01/2015, the Officers of Divisional PCPNDT Cell, Aurangabad visited the Petitioner's ultra sound clinic and they found mainly following discrepancies in the record :

a) The F Forms were not properly filled.
b) On some forms, signatures of Petitioner Doctor were missing.
c) On cosent forms signatures of patients were missing.
d) Pagination and Certification of Register was not done.

2. The AA issued show cause notice to the Petitioner. However the Committee was not satisfied on the explanation tendered by the Petitioner and sealed the Machine and the Clinic License was revoked.

3. The Petitioner contended that the F Form discrepancies were not fatal. One patient was serious so her songography had to be conducted urgently. In case of another patient, whose signature was missing,  her F form was submitted online. Another patient was examined just prior to raid of AA. Moreover there is no provision of Pagination and Certification of Register. The Doctor who accompanied the AA has vested interest as she is also having the clinic in the same vicinity. 

4. The Petitioner tried to rely on earlier judgments of Bombay High Court where in it was observed that to fill the F Form is just a technicality and merely there are no signatures on F Form that by itself do not attract action under the Act. 

Held :

1. The Hon. High Court accepted the Contention by the State that the lapses on part of the Doctor were not inadvertent and were serious in nature.

2. The facts of the judgments  tried to be relied by the petitioner were different from the facts of case in hand and therefore same cannot be applied. The AA Did not act in hurried manner. It gave all the opportunity to the Petitioner to put her case and in rely the Petitioner admitted the discrepancies and thereafter committee suspended the License. 

3. The Court lastly observed that the observations made in this case are only limited to this case only and the Trail court shall not be influenced by same while conducting Trial.

It's to be noted that every case is decided on its own merits and facts. The Doctors have to be careful in maintaining record as per Law. In the instant case, the Court did not interfere at the early stage. 
On merits, the case may be deicded in favour of Petitioner. Let's wait 
One more aspect. Can one claim that upto date record keeping and sex determination ho hand in hand ? Meaning one who keeps the record uptodate don't indulge in such activities and vice versa ?
Female sex ratio can be increased only by education and awareness.. 
We should come out of medieval concept of "खानदान का चिराग"..
IF MEN ARE PURE, LAWS ARE USELESS
IF MEN ARE CORRUPT, LAWS ARE BROKEN

 THANKS and Regards,

Adv. Rohit Erande.
©. Pune.

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