Dr. Satish Jain son of Shri Jagdish Prasad Jain VERSUS The State of Rajasthan and Others

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
O R D E R
S.B. Civil Writ Petition No.6114 of 2011.

Dr. Satish Jain son of Shri Jagdish Prasad Jain
VERSUS
The State of Rajasthan and Others

Date of Order :::: 09.05.2011

Hon’ble Mr. Justice Dalip Singh

Mr. Ashok Gaur, Senior Counsel, assisted by
Mr. Ashwani Jaiman, Counsel for the Petitioner
****
By the Court :

Heard learned Senior Counsel for the petitioner.
The relief, which has been claimed in the writ petition is for quashing of the order passed by the State Appropriate Authority in exercise of powers and in pursuance of notice under Section 20 (1) of the Pre-conception and Pre-natal Diagnostic Techniques {Prohibition of Sex Selection} Act, 1994 whereby the license issued to the petitioner has been suspended and show cause notice has been issued as to why the same be not cancelled vide Annexure-5 in pursuance of notice Annexure-3 dated 09.03.2011.
Learned Senior Counsel for the petitioner submitted that the State Government in exercise of powers conferred vide Section 17(2) of the Act of 1994 has informed the appropriate authorities for the purposes of the act vide Annexure-2 notification dated 28.08.2008 and in pursuance thereof for the Jaipur District the Chief Medical & Health Officer, Jaipur-I is the appropriate authority and, therefore, the order issued by the State Appropriate Authority is beyond the jurisdiction under the Act as the petitioner has been deprived of the right to challenge the order of the State Appropriate Authority in an appeal.
I have considered the aforesaid submissions and I find that so far as the provisions of the Act are concerned, Section 21 of the Act of 1994, reads as follows :

21. Appeal .– The Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic may, within thirty days from the date of receipt of the order of suspension or cancellation of registration passed by the Appropriate Authority under Section 20, prefer an appeal against such order to —

(i) the Central Government, where the appeal is against the order of the Central Appropriate Authority; and

(ii) the State Government, where the appeal is against the order of the State Appropriate Authority,

in the prescribed manner.

A look at the above provisions go to show that where the order has been passed by the State Appropriate Authority as in the present case an appeal lies to the State Government. As such, notwithstanding the fact that under Rule 19 of the Rules the provisions for the appeal against the order of the appropriate authority lies to the State Appropriate Authority in view of the provisions contained in Section 21 of the Act, so far as the present matter is concerned, against the order Annexure-5 appeal would lies to the State Government.
In view of the above, there is no force in this writ petition. The petitioner, if so advised may approach the State Government in appeal under Section 21 of the Act of 1994.
The writ petition as well as the stay application stand dismissed.
(Dalip Singh) J.
Ashok/

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