DISTRICT PANCHAYAT & 1 Vs A MEMON

LPA/320/2011 4/4 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

LETTERS PATENT APPEAL No. 320 of 2011

In SPECIAL CIVIL APPLICATION No. 13357 of 2006

To

LETTERS PATENT APPEAL No. 324 of 2011

=========================================================

DISTRICT PANCHAYAT & 1 – Appellant(s)

=========================================================
Appearance :
MS RV ACHARYA for Appellant(s) : 1 – 2.
MR HEMANG R RAWAL for Respondent(s) : 1,
=========================================================

CORAM :
HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA

and

HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 20/06/2011

COMMON ORAL ORDER

(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J.MUKHOPADHAYA)

These Appeals have been preferred by the District Panchayat and another against the order dated 26th February 2010 passed by the learned Single Judge in Special Civil Application No.11531/2006.

The matter related to Medical Practitioners in the field of Gynaecology who are running their own hospitals/nursing homes/clinics and using ultrasound sonography machine. They are so running their hospitals/nursing home/clinics on obtaining certificate of registration in their favour.

On the premises that the said machines were being allegedly used by the petitioners to determine the sex of the foetus, the respondent – authority inspected their clinics and applied seals on the examination rooms where the sonography machines were kept so as to ensure that the said machines could not be put to any use.

The petitioners made representations to the authorities requesting to open the seals, and having not granted any relief, they moved before the Court, whereby number of writ petitions were disposed of by common order dated 26th February 2010 and different directions were issued by the learned Single Judge to ensure that the ultrasound sonography machines are not used for determination of sex of the foetus. One of the directions given to the doctors is that, ‘if diagnostic sonography is done on a pregnant lady having a duly registered ‘Mamta Card’, the concerned doctor will immediately inform the authority concerned about the same, as required under the provisions of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 and not later than ten days’.

The grievance of the appellant – District Panchayat is against the aforesaid part of the direction, whereby the doctors have been asked to report the matter not later than ten days.

Learned counsel for the appellant would submit that under the Act, 30 days time is prescribed for giving the information, but the learned Single Judge has brought down the same to 10 days. However, we do not understand why such stand is being taken by the appellant – District Panchayat. If the doctors have been asked under the Act to inform the matter relating to diagnostic sonography done on a pregnant lady having a duly registered ‘Mamta Card’ within 10 days instead of 30 days, it is one suggestion to the authorities.

We find no merits in this Appeal. It is accordingly dismissed. No cost.

In this background, no order is required to be passed in the Civil Application.

(S.J.Mukhopadhaya, CJ.)

(J.B.Pardiwala, J.)

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