PCPNDT Relief : Sonography Machines cannot be sealed, if registration renewal is pending : Hon. Bombay High Court.

Case Details :
Dr. Ramesh Bole V/s. State of Maharashtra
(WRIT PETITION NO.4765 OF 2019) ,decided on 16/04/2019
by Hon. Mr. Justice P.R. Bora (Hon. Bombay High Court, Aurangabad Bench)

 Facts in nutshell :
1. The Petitioner Doctor who runs a sonography clinic , applied for periodic renewal of the Certificate under PCPNDT Act. The registration was about to expire on 06/04/2019 and thus he applied for its renewal on 01/03/2019 in prescibed format with necessary documents.

 2. However without passing any order on said renewal of registration, the Authority passed order of sealing of sonography machine on 05/04/2019 and same was sealed too.. Thus the Dcotor approached Hon. High Court.

 3. It was contended on part of the Doctor-Petitioner that the illegal action on part of the Authority has caused tremendous loss to him and relying on Division Bench Judgment of Hon. Bombay High Court Court in the case of "Bela Hitesh Bhatt Vs. State of Maharashtra and Ors,, reported in 2013(4) Mh.L.J. 620 , it was submitted that when the application for renewal of the center was submitted with all relevant documents well in advance, the respondent authority could not have passed the impugned order till the application of renewal is rejected on some valid grounds.

Held :
1. Hon. Bomaby High Court accepted the Contention of the Petitioner considering judgment in the case of "Bela Hitesh Bhatt" (cited supra), if the renewal of the registration certificate is pending, no action like sealing of machine can be taken by the authority and the licensee is entitled to continue to operate on the basis of the existing certificate of registration.

2. The Court observed that the Authority acted in 'haste' and allowed the petition and directed to de-seal the machine by way of interim relief.

Indeed it'a a great relief to Doctors running sonography centers. Previolsy also the issue of Can Licenses required for running genetic / ultrasound clinics be renewed when the cases under PCPNDT Act are pending ? came before vasious high courts and- Hon. Rajasthan High Court said "NO", whereas Hon. Bombay High Court and Punjab and Haryana High Court have  decided in favour of Doctors stating that such applications can be made subject to provisions of the Act.
See the link : https://pcpndtreliefs.blogspot.com/2018/07/pcpndt-can-licenses-be-renewed-when.html
If we want to achieve the main object of PCPNDT Act i.e. to save Girl child, then shouldn't society change its mind set ?  


Merely  saying on paper that यत्र नार्यस्तु पूज्यन्ते रमन्ते तत्र देवताः  meaning where women are honored, divinity blossoms there is not going to help. Those Doctors who want to determine the Sex will do it even after completing all the F Form and other formalities. Therefore it is said that ,
IF MEN ARE PURE LAWS ARE USELESS 
AND 
IF MEN ARE CORRUPT LAWS ARE BROKEN.

 Thanks and Regards

 Adv. Rohit Erande
Pune.©

Comments

  1. Dr. Hitesh Bhatt21 September 2020 at 05:14

    Yes sir, we had to convince court on this point..... It's good judgement ...

    ReplyDelete

Post a Comment

Popular posts from this blog

#PCPNDT - Mere Pendency of a criminal case is not a ground to refuse the renewal of registration – Hon. P&H High Court, at Chandigarh. Adv. ROHiT ERANDE ©

 Mere Pendency of a criminal case is not a ground to refuse the renewal of registration – Hon. P&H High Court, at Chandigarh  Adv. ROHiT ERANDE  © Case Details :  CIVIL WRIT PETITION NO.9312 OF 2020 Dr. Sanjiv Kaushal V/s. State of Haryana and others CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH Facts in short : 1. The  Petitioner has approached this Court, praying for issuance of a writ in the nature of certiorari for quashing order dated 13.10.2016 passed by the District Appropriate Authority, Sirsa, Haryana-respondent No.2; order dated 23.04.2018 passed by the State Appropriate Authority, PNDT, Panchkula-respondent No.4 and order dated 11/14.01.2019 passed by the Additional Chief Secretary to Government of Haryana-cum-State Appellate Authority, Health Department, on the ground that the request of the petitioner for renewal of registration under the PC & PNDT Rules, 1996 has been declined merely because of the pendency of a criminal case against ...
Read more

PCPNDT Act : Can USG be performed by even by MBBS after 6 months training ? : What are the effects of Hon. Supreme Court's order..

"Prima facie the judgment of the Delhi High Court has trenched upon an area of legislative policy"  The 3 judges bench of Hon. Supreme Court observed this while staying the judgment of  Hon. Delhi High Court. Hon. Delhi High Court .  Case details : Union of India V/s. Indian Radiological and Imaging Association of India & ors. SLP. Nos. 166657-59 of 2016. Interim Order dated :14th March, 2018 by the three judges Bench. Coram : Hon. Dipak Misra (the then Hon.C.J.I.), Hon. D.Y. Chandrachud and Hon. A.M. Khanwilkar, JJ. Order Link : https://www.sci.gov.in/supremecourt/2016/20683/20683_2016_Judgement_14-Mar-2018.pdf Facts in Short : 1. The Hon. Supreme Court was dealing with 2 sets of Petitions with 2 main questions. i.e. the Strict implementation of PCPNDT Act and the later petitions were relating to the challenge of Judgment of Hon. Delhi High Court in relation to 6 months training rule. 2. In first part of the Judgment Hon. Apex Co...
Read more

" The Machine which is registered under the PCPNDT Act cannot be carried to other place which is not registered" : Hon. Bombay High Court. Adv. Rohit Erande. ©

 " The Machine which is registered under the PCPNDT Act cannot be carried to other place which is not registered" : Hon. Bombay High Court. Adv. Rohit Erande. © In short, One Machine - One Place - One Registration. In its recently reported judgment of Dr. Deepak Sane V/s. State of Maharashtra, 2017(1) Mh.L.J.379, W.P. no.2995/2015, The Division Bench at Nagpur held so.. Facts in short : 1. The petitioner is the leading Medical Practitioner in Nagpur and dealing exclusively with Heart Treatment. He is required to use the 2D Echo Colour Doppler Machine for Treating his patients and for treating the patients he requires to visit the ICCU at different Hospitals. 2. IT was the case of the petitioner that he needy patients who cannot come to his clinic, for them he has to carry his 2D Echo machine, which is duly registered under the provisions of PCPNDT Act.Therefore he applied to the concerned authorities for getting permission to move the said machine at different places, but sa...
Read more