Delhi High Court
Dr. Tarun Kothari vs District Magistrate/District ... on 23 February, 2021
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:24.02.2021 17:19:42
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 23rd February, 2021
+ W.P.(C) 1808/2021 & CM APPL.5214/2021
DR. TARUN KOTHARI ..... Petitioner
Through: Mr. Prasoon Kumar Mishra,
Advocate. (M:9213316894)
versus
DISTRICT MAGISTRATE/DISTRICT
APPROPRIATE AUTHORITY(WEST) PC & PNDT
ACT, GNCT OF DELHI ..... Respondent
Through: Mr. Shadan Farasat, Advocate.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J.(Oral)
1. This hearing has been done through video conferencing.
2. The Petitioner - Dr. Tarun Kothari runs a diagnostic centre called
Indo-American Health Care at RR13, Miyavali Nagar, Paschim Vihar, New
Delhi-110087. The said clinic was registered since 2010 and was allotted
registration number being DL/W/2015/0171. Initial registration was for the
period 19th May, 2010 to 18th May, 2015. He applied for renewal on 30th
March, 2015, which was granted till 17th May, 2020. Sometime in March,
2020, the Petitioner sought further renewal but no renewal was received.
3. Finally, a show cause notice was issued by the appropriate authority
on 20th October, 2020 citing three discrepancies in the clinic of the Petitioner
due to which the renewal was not being granted. The Petitioner accordingly
replied to the show cause notice. However, the plea was rejected vide
impugned order dated 22nd January, 2021. Hence, the present writ petition.
4. The Petitioner prays for renewal of the license under provisions of
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH W.P.(C) 1808/2021 Page 1 of 3
Signing Date:24.02.2021 16:53
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:24.02.2021 17:19:42
The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of
Sex Selection) Act, 1994. On the last date, ld. Counsel appearing for the
GNCTD was requested to take instructions as to whether the Appellate
Authority under Section 21 of the Pre-Natal Diagnostic Technique
(Prohibition of Sex Selection) Act, 1994 Act is constituted. He has reverted
today and submits that the Appellate Authority which consists of three
members is duly constituted and functional and can take up the grievances
of the Petitioner.
5. The Petitioner however submits that in the entire locality, several
patients are being deprived of diagnostic services of the Petitioner and there
is an urgent need for de-sealing of the ultra-sound machine and room of the
Petitioner and to permit the Petitioner to work in the centre.
6. This Court has perused the show cause notice dated 20th October,
2020. The discrepancies pointed out in the show cause notice are as under:
"a. Notice board depicting ban on Prenatal Sex
determination [Rule 14(1)] was not displayed at
conspicuous place.
b. The centre is in basement and there are 16
stairs which are very steep and there is no ramp or lift.
Steepness of the stairs is unsafe and dangerous to the
ANC patients.
c. Board displaying name of the centre was in
very bad condition and unreadable."
7. A perusal of the said discrepancies shows that the insofar as (a) and
(c) are concerned, the same can be rectified easily by the Petitioner. Further
insofar as the centre being run from a basement is concerned, since the
Petitioner has always been running the centre from the basement, the same
cannot be a grievance which is raised afresh by the Petitioner. However,
adequate safeguards and safety measures such as installation of proper rails
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH W.P.(C) 1808/2021 Page 2 of 3
Signing Date:24.02.2021 16:53
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:24.02.2021 17:19:42
to enable patients to take support while climbing the stairs etc., can be taken by
the Petitioner to ensure the safety of the patients who visit the clinic.
Accordingly, the Petitioner's writ petition is transferred to the Appellate
Authority and may be considered as an appeal against the order of rejection
dated 22nd January, 2021. The appeal shall be taken up next week itself.
8. In the meantime, the Petitioner's clinic shall be de-sealed and any orders
which may be passed by the Appellate Authority even in the interim for the
purpose of removal of discrepancies and to ensure security and safety of the
patients, shall be carried out by the Petitioner. Accordingly, the following
directions are issued:
i) The Petitioner's clinic be immediately de-sealed within a period
of five days;
ii) The present petition be transferred to the Appellate Authority by
the ld. Counsel appearing for the Respondent. The Appellate Authority
would afford a hearing to the Petitioner on 1st March, 2021 at 11:30 a.m.
The Appellate Authority would consider the interim directions which are
to be passed for removal of discrepancies of the Petitioner;
iii) The appeal shall thereafter be heard on merits after affording a
proper hearing to the Petitioner and the prayer for renewal shall be
adjudicated in accordance with law.
iv) If the prayer for renewal is rejected, the same shall not take effect
for a period of two weeks, to enable the Petitioner to avail its legal
remedies.
9. The Petition is disposed of in the above terms. All pending applications
are also disposed of.
PRATHIBA M. SINGH, J.
FEBRUARY 23, 2021/Rahul/RC Signature Not Verified Digitally Signed By:PRATHIBA M SINGH W.P.(C) 1808/2021 Page 3 of 3 Signing Date:24.02.2021 16:53