Dr.Nutan Thakur And Ors. vs State Of U.P.Throu Chief Secy. Govt.Of U.P.Lko.And Ors.

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

?Chief Justice‘s Court

Case :- MISC. BENCH No. – 7364 of 2012

Petitioner :- Dr.Nutan Thakur And Ors. [ P.I.L.] Civil
Respondent :- State Of U.P.Throu Chief Secy. Govt.Of U.P.Lko.And Ors.
Counsel for Petitioner :- Dr.Nutan Thakur [Inperson
Counsel for Respondent :- C.S.C.,A.S.G.,Neerav Chitravanshi

Hon’ble Shiva Kirti Singh,Chief Justice
Hon’ble Shri Narayan Shukla,J.
Heard petitioner no. 1 who appears in person and learned Standing Counsel appearing for the State.
This writ petition has been filed by way of public interest litigation raising a grievance that the State of Uttar Pradesh and its authorities are not enforcing the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, (hereinafter described as PNDT Act).
Petitioner has annexed the instructions issued by the State Government through a circular letter dated 22nd September, 2008 contained in Annexure-1 to the writ petition. By that letter, the Secretary of concerned department of Medical Health and Family Welfare and Mission Director, National Rural Health Mission has directed all the Chief Medical Officers for effective implementation of PNDT Act and to entrust the responsibility to the Vatsalya Sanstha at Lucknow, an N.G.O. for collection of all the relevant datas from registered Ultrasound Centres under the PNDT Act from each district and make available the same to the State Government. The Vatsalya Sanstha is also expected to analize whether the District Level Committees are meeting regularly and complying with the provisions of the PNDT Act or not. According to petitioners, in spite of such directions, the meetings are not taking place regularly and the provisions of the PNDT Act are not being implemented effectively.
Learned counsel for the State has brought before us through a counter affidavit filed on behalf of opposite parties no. 1, 2 and 3 a recent circular letter dated 26th April, 2013 issued by the Adhyaksha, Rajya Samuchit Pradhikaran under the PCPNDT Act to all the District Magistrates and competent district authorities under the PCPNDT Act as well as all the Chief Medical Officers, which is contained as Annexure No. CA-2 to the counter affidavit. In that letter, a recent order passed by the Hon’ble Supreme Court on 4th March, 2013 in Writ Petition (Civil) No. (S) 349 of 2006, (Voluntary Health Association of Punjab vs. Union of India) has been referred to and as many as 11 directions issued by the Apex Court have been quoted and 9 directions have been issued to all concerned for compliance of the order of the Apex Court.
Since the effective implementation of PNDT Act is now being monitored by the Apex Court and several directions have already been issued, it would not be proper for this Court to continue monitoring the same matter through this public interest litigation because it would only be duplication of the same work and may result in passing of confusing or conflicting orders or directions.
In that view of the matter, this writ petition is disposed of.
It goes without saying that the State and all concerned authorities shall implement orders of the Apex Court with all promptitude.
Petitioners may as a public spirited persons co-operate with Vatsalya Santha and, in case, it comes to their knowledge that the directions of the Apex Court are not being followed, the petitioners or Vatsalya Santha, if so advised, may intervene in the matter pending before the Apex Court with their grievances and suggestions.
Order Date :- 15.7.2013
RK

 

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