Dr. Mrs. Sudha Samir Vs State of haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.18365 of 2009
Date of decision:03.02.2010
Dr. Mrs. Sudha Samir ….Petitioner
versus
State of Haryana and others …Respondents
II. Civil Writ Petition No.19740 of 2009
Dr. Mrs. Maninder Ahuja ….Petitioner
versus
State of Haryana and others …Respondents
III. Civil Writ Petition No.19794 of 2009
Dr. R.D.Negi ….Petitioner
versus
State of Haryana and others …Respondents
CORAM: HON’BLE MR. JUSTICE K. KANNAN
—-
Present: Mr. Hemen Aggarwal, Advocate, for the petitioners.
Mr. Ravi Dutt Sharma, Deputy Advocate General, Haryana.
Ms. Deepali Puri, Advocate, for respondent No.3.
—-
1. Whether reporters of local papers may be allowed to see the
judgment ?
2. To be referred to the reporters or not ?
3. Whether the judgment should be reported in the digest ?
—-Civil Writ Petition No.18365 of 2009 – 2 –
K.Kannan, J. (Oral)
1. The batch of writ petitions challenges the impugned order of
suspension of registration under the Pre-conception and Prenatal
Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
(hereinafter called ‘the PNDT Act’). The suspension had been done after
a show cause notice was issued under Section 20, when on an inspection,
the authorities had come to a provisional conclusion that the petitioners
were indulging in acts that were prohibited under the Act. It appears that
an appeal had been filed by all the petitioners under Section 21 of the
Act and it confirmed the decision of the appropriate authority and hence,
they challenge the decisions by means of the batch of writ petitions.
2. The contention of the counsel appearing on behalf of the
petitioners is that the appropriate authority constituted under the Act
shall be notified in the official gazette and admittedly the gazette
publication was made only on 21.07.2009. At the time when the
impugned show cause notices were issued and the action for suspension
had been taken, the gazette notification had not been made and therefore,
the entire action under Section 20 of the Act ought to fail. The response
to this contention by the counsel for the respondent is that the
Government had issued an ordinance to validate certain acts done by
various authorities prior to the gazette notification through the Preconception and Pre-Natal Diagnostic Techniques (Prohibition of Sex
Selection) Haryana Validation Ordinance, 2009 issued on 21
st
July, 2009.
The ordinance purports to validate of the acts and proceedings done by
appropriate authorities on the ground that the notification of the Act hadCivil Writ Petition No.18365 of 2009 – 3 –
been made on 24.10.1997 and the ordinance is intended to save certain
acts taken by the appropriate authority, which under Section 17(2), he is
competent to do. It is seen that the ordinance was subsequently
introduced as a Bill on 30
th
July, 2009 in the State Assembly and also
brought as an enactment subsequently. The learned counsel sought to
contend that the ordinance itself has been repealed and that the 2009
ordinance will not have any effect. It must be noticed that the ordinance
was repealed in order to substitute it by an enactment passed in an
Assembly through a Bill. When the substituted enactment itself is not in
challenge which validates the acts done by the appropriate authority even
prior to the gazette publication on 21.07.2009, the petitioners’ challenge
to the show cause notices and the substantial orders of the competent
authority cannot survive for adjudication before this Court. The
petitioners may have independent remedy to challenge the validity of the
Act, itself but so long as the Act is in its place, the action initiated by the
appropriate authority cannot be assailed on the ground that when it was
done, the gazette notification had not been issued.
3. The writ petitions are, accordingly, dismissed.
(K.KANNAN)
JUDGE
03.02.2010.
sanjeev

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