Case Note & Summary
The petitioner, Dr. Deepak Sane, a cardiologist in Nagpur, filed a writ petition challenging the order dated 15.01.2015 passed by the Nodal Officer (Respondent No. 3) under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act), rejecting his application for permission to move and use his 2D Echo Colour Doppler Machine in other hospitals. The petitioner treated critical heart patients at Shravan Hospital, Nandanwan and Sanjivani Critical Care, Sakkardara, Nagpur, and needed to carry the machine to those locations as patients could not be shifted to his clinic. The machine was duly registered on 17.02.2014. The petitioner was not a gynecologist and did not use the machine for any prenatal diagnostic procedure or sex determination. He had filed an affidavit disclosing these facts before the court and the Nodal Officer. The respondents opposed the petition, arguing that a mobile machine must be registered separately and no permission to shift it can be granted. The court, relying on a Division Bench judgment in Dr. Percy Jilla v. State of Maharashtra (Writ Petition No. 2871 of 2012), held that the PCPNDT Act does not prohibit the movement of ultrasound machines used exclusively for cardiology and not for prenatal diagnosis. The court noted that the petitioner's machine was registered and he had given an undertaking on affidavit that it would not be used for prohibited purposes. The court allowed the petition, quashed the Nodal Officer's order, and directed the respondents to permit the petitioner to move and use the machine at other hospitals subject to the undertaking. The court also directed the petitioner to maintain a logbook and submit it to the authorities as required.
Headnote
A) Medical Law - Pre-Conception and Pre-Natal Diagnostic Techniques Act - Movement of Ultrasound Machine - Cardiologist using 2D Echo Colour Doppler Machine exclusively for heart treatment, not for prenatal diagnosis - Held that the PCPNDT Act does not prohibit movement of such machine for non-prohibited purposes; rejection of application by Nodal Officer set aside (Paras 2-6).
Issue of Consideration
Whether a cardiologist who uses a 2D Echo Colour Doppler Machine exclusively for heart treatment can be denied permission to move and use that machine in other establishments under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
Final Decision
Petition allowed. Order dated 15.01.2015 passed by Respondent No. 3 quashed and set aside. Respondents directed to permit the petitioner to move and use the 2D Echo Colour Doppler Machine at other hospitals subject to the undertaking given by the petitioner on affidavit. Petitioner to maintain logbook and submit to authorities as required.
Law Points
- PCPNDT Act does not prohibit movement of ultrasound machines used exclusively for cardiology
- not for prenatal diagnosis
- registration of machine at one place does not bar its use at other places for non-prohibited purposes
- disclosure on affidavit sufficient to ensure no misuse
Case Details
2016 LawText (BOM) (07) 148
Writ Petition No. 2995 of 2015
B.P. Dharmadhikari, Kum. Indira Jain
Shri K.N. Dadhe for petitioner, Shri N.R. Patil (AGP) for respondent No. 1, Shri A.M. Kukday for respondent Nos. 2 & 3
Dr. Deepak s/o Shyamsunder Sane
The State of Maharashtra, The Health Officer, Nagpur Municipal Corporation, The Nodal Officer, PCPNDT, Nagpur Municipal Corporation
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Nature of Litigation
Writ petition challenging rejection of application for permission to move and use 2D Echo Colour Doppler Machine in other establishments under PCPNDT Act
Remedy Sought
Petitioner sought quashing of order dated 15.01.2015 and direction to respondents to permit movement and use of machine at other hospitals
Filing Reason
Nodal Officer rejected petitioner's application for permission to move and use his registered 2D Echo Colour Doppler Machine at other hospitals where he treats critical heart patients
Previous Decisions
Order dated 15.01.2015 by Nodal Officer rejecting application; reliance on Division Bench judgment in Dr. Percy Jilla v. State of Maharashtra (Writ Petition No. 2871 of 2012)
Issues
Whether a cardiologist using a 2D Echo Colour Doppler Machine exclusively for heart treatment can be denied permission to move and use the machine in other establishments under the PCPNDT Act
Submissions/Arguments
Petitioner: Machine is registered, used only for cardiology, not for prenatal diagnosis or sex determination; disclosure on affidavit made; reliance on Dr. Percy Jilla judgment
Respondents: Mobile machine must be registered separately; no permission to shift machine can be granted
Ratio Decidendi
The PCPNDT Act does not prohibit the movement of ultrasound machines used exclusively for cardiology and not for prenatal diagnosis. A registered machine can be moved to other places for non-prohibited purposes, subject to disclosure and undertaking to prevent misuse.
Judgment Excerpts
By placing reliance upon the Division Bench judgment of this Court dated 30.11.2015 in Writ Petition No. 2871 of 2012 (Dr. Percy s/o Savakshaw Jilla vs. The State of Maharashtra & Ors.) delivered at Aurangabad Bench, Shri Dadhe, learned counsel submits that the petitioner, who is a leading Medical Practitioner in the city of Nagpur, dealing exclusively with Heart treatment is required to use the 2D Echo Colour Doppler Machine for treating his patients.
Shri Kukday, learned counsel as also Shri Patil, learned AGP are strongly opposing the petition. They submit that the mobile machine is to be registered separately and no permission to shift such machine from one place to another place can be granted.
Procedural History
Petitioner filed Writ Petition No. 2995 of 2015 before Bombay High Court, Nagpur Bench challenging order dated 15.01.2015 of Nodal Officer. Heard on 12.07.2016 and adjourned. Finally heard on 14.07.2016, rule issued and made returnable forthwith, and judgment delivered.
Acts & Sections
- Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994: Section 3
