Case Note & Summary
The petitioner, Dr. Sadanand M. Ingle, a medical practitioner running a sonography centre at Khamgaon, challenged the order dated 21/12/2012 passed by the Civil Surgeon, Buldana, rejecting his application for renewal of registration of the sonography centre under the Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act). The petitioner had initially obtained registration in 2007, which was due to expire on 08/01/2012. He applied for renewal on 19/11/2011, well before the expiry. However, on 17/12/2011, a raid was conducted on his centre, leading to seizure of the sonography machine and suspension of registration on 21/12/2011. The petitioner challenged that suspension in Writ Petition No. 163 of 2012, which was allowed by the High Court on 07/03/2012, setting aside the suspension. Thereafter, the petitioner submitted a fresh application for renewal on 03/08/2012, but the Civil Surgeon rejected it on 21/12/2012 without providing any opportunity of hearing. The petitioner argued that the rejection violated principles of natural justice and the provisions of Section 19B(4) of the Act, which mandates that if no order is passed within 90 days of application, the registration is deemed to be renewed. The respondents contended that the rejection was justified due to the earlier raid and that the application was not maintainable. The High Court held that the impugned order was passed in gross violation of natural justice as no hearing was given, and also failed to consider the deemed renewal provision. The court set aside the order and directed the respondents to consider the renewal application afresh after giving the petitioner a reasonable opportunity of hearing, within four weeks. The court also clarified that the petitioner could continue to operate the sonography centre pending such consideration, subject to compliance with the Act.
Headnote
A) Administrative Law - Natural Justice - Renewal of Registration - Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 19B(4) - The Civil Surgeon rejected the renewal application without hearing the petitioner and without considering that the application was made before expiry of registration, thus violating principles of natural justice - Held that the order was unsustainable and set aside (Paras 1-10). B) Medical Law - PCPNDT Act - Renewal of Registration - Deemed Renewal - Section 19B(4) of the Act provides that if no order is passed within 90 days of application, the registration is deemed to be renewed - The petitioner's application was made on 19/11/2011, before expiry on 08/01/2012, and the impugned order was passed on 21/12/2012, beyond 90 days - Held that the petitioner was entitled to deemed renewal (Paras 11-15).
Issue of Consideration
Whether the Civil Surgeon could reject the application for renewal of registration of a sonography centre without giving an opportunity of hearing to the petitioner and without considering the provisions of Section 19B(4) of the Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 21/12/2012, and directed the respondents to consider the renewal application afresh after giving the petitioner a reasonable opportunity of hearing, within four weeks. The petitioner was permitted to continue operating the sonography centre pending such consideration, subject to compliance with the Act.
Law Points
- Natural justice
- Renewal of registration
- PCPNDT Act
- Deemed renewal
- Opportunity of hearing
- Speaking order
