Orissa High Court
WP(C)/414/2021 on 18 January, 2021
WP(C) No. 414 of 2021
02. 18.01.2021 Heard Mr. Anirudha Das, learned counsel for the
petitioner and Mr. J. Katikia, learned Addl. Government
Advocate for the State.
The petitioner has filed this writ petition seeking to
quash order dated 02.11.2018 passed by the Collector,
Sundergarh in Annexure-1 and also consequential order
dated 15.10.2019 passed by the appellate authority in
Appeal Case No.1 of 2019 in Annexure-2 confirming the
order passed by the Collector, Sundergarh in Annexure-1.
Mr. Anirudha Das, learned counsel for the petitioner
contended that the Collector, Sundergarh by order dated
02.11.2018 cancelled the registration of the Nursing Home,
viz., Rajasthan Seva Sadan Hospital, Rourkela and sealed
the ultrasound machine due to non-filing of application for
renewal of registration and intimated to apply at
appropriate level for further necessary action. But the
petitioner preferred appeal before the State Appellate
Authority under PC & PNDT Act, 1994 challenging the order
dated 02.11.2018 passed by the Collector, Sundergarh, and
the appellate authority, having given opportunity of hearing
to the parties, vide order dated 15.10.2019, came to hold
that action taken by the Collector, Sundergarh is well
justified. It is further contended that Dr. B. Joshi, who was
looking after the Nursing Home, had some personal
difficulty as his wife was expired, therefore the petitioner
could not make application within time stipulated for
renewal, and that the order of the Collector, Sundergarh
has been passed without following the guidelines issued by
the Government and, thereby, the order so passed by the
Collector, Sundergarh as well as consequential order
passed by the appellate authority cannot sustain in the eye
of law.
Mr. J. Katikia, learned Addl. Government Advocate
appearing for the State contended that the appellate
authority, while passing the order impugned confirming the
order passed by the Collector, Sundergarh in Annexure-1,
has applied its mind and reasons assigned therein are well
justified, and as such the order so passed may not be
interfered with.
Having heard learned counsel for the parties and
after going through the record, this Court finds that
admittedly the petitioner-Rajasthan Seva Sadan Hospital
had been established in Rourkela in the district of
Sundergarh having registration No.OR/30/0061/
GCL/2013. An ultrasound machine is installed in the said
clinic. Due to non-renewal, the Collector & District
Magistrate-cum-DAA PC&PNDT Act, Sundergarh cancelled
its registration and sealed the ultrasound machine vide
order impugned in Annexure-1 dated 02.11.2018. Against
such order, the petitioner preferred appeal under Rule 19(2)
of PC & PNDT Rule, 1996 and the Multi Member State
Appropriate Authority, under PC&PNDT Act, after giving
opportunity of hearing to the petitioner and perusing the
record, came to a definite finding, which reads as under:-
"After going through the submissions made by the parties and
perusal of all relevant documents placed by the parties, the Multi
member State Appropriate Authority observed the following
points:
i) The hospital authorities had not applied for renewal of
registration of the ultrasound unit as required under
rule 8(1) of PC & PNDT Rule, 1996.
ii) The documents were not maintained in the ultrasound
unit of the Rajasthan Seva Sadan Hospital, Rourkela as
required under section 29 of PC & PNDT Act, 1994 and
rule 9 of PC & PNDT Rule, 1996.
iii) As per 17(2) PC & PNDT Rule, 1996 the PC & PNDT
Act copy was not available in the ultrasound unit.
iv) The name, designation and signature of the performing
doctor had not available in the patient reports.
v) Name and designation had not been displayed on the
dress of the performing doctor as per rule 18 (viii) PC
& PNDT Rule, 1996.
vi) For violation of the law prosecution report has been
filled in the Court of the SDJM, Rourkela against the
appellants hospital vide 2 (C) C.C. No.16 of 2019.
As per provisions laid down in section 29 of PC & PNDT
Act, 1994 (1) "All records, charts, forms, reports, consent letters
and all other documents required to be maintained under this Act
and the rules shall be preserved for a period of two years or for
such period as may be prescribed:
Provided that, if any criminal or other proceedings are
instituted against any Genetic Counselling Centre, Genetic
Laboratory or Genetic Clinic, the records and all other documents
of such centre, Laboratory or Clinic shall be preserved till the final
disposal of such proceedings.
(2) All such records shall, at all reasonable times, be made
available for inspection to the Appropriate Authority or to any
other person authorized by the Appropriate Authority in this
behalf."
The Rule 8(1) of the PC & PNDT Rule, 1996 provides that,
"an application for renewal of certificate of registration shall be
made in duplicate in Form A, to the Appropriate Authority thirty
days before the date of expiry of the certificate of registration.
Acknowledgment of receipt of such application shall be issued by
the Appropriate Authority in the manner specified in sub rule."
The appellant had not submitted any documents with
regards to the absence of the Medical Superintendent in the
Rajasthan Seva Sadan Hospital, Rourkela in the month of May to
June 2018. The Sub-Collector-cum-Sub-District Appropriate
Authority, Panposh and District inspection and monitoring team
had inspected the ultrasound unit of the appellant on 25.08.2018.
After the inspection of the ultrasound unit of the hospital on
25.08.2019 the Medical Superintendent had applied for renewal
of registration of the ultrasound unit on 03.10.2018. The renewal
application had not been made as per the provisions under rule
8(1) of and PC & PNDT Rule, 1996.
The Medical Superintendent had made an application in
Form-A on 08.11.2018 for registration of the ultrasound unit. The
District Appropriate Authority, Sundargarh, vide order dated
22.12.2018 had rejected the application for registration of the
ultrasound unit as the appellants hospital has violated the
provision of PC & PNDT Act and Rules their under. The rejection of
the application in Form-C had been intimated to the Medical
Superintendent vide letter No. 2303 dated 27.12.2018 of the Chief
District Medical & Public Health Officer, Sundargarh.
The Hon'ble Supreme Court of India at point No. 33(e) of
Judgment dated 8.11.2016 in W.P.(C) No. 349 of 2006 have
directed "If there has been violation of any of the provisions of the
Act or the Rules, proper action has to be taken by the authorities
under the Act so that the legally inapposite acts are immediately
curbed."
A glimpse over the reasons which have been assigned
in order impugned would make it amply clear that the
appellate authority, after taking into consideration the
factual matrix as well as the law governing the field, has
confirmed the order passed by the Collector, Sundergarh in
cancelling the registration of the Nursing Home and sealing
the ultrasound machine. Thereby, this Court does not find
any infirmity in the order of the appellate authority so far as
to cause interference therewith.
The writ petition is accordingly dismissed.
As COVID-19 pandemic situation is continuing,
learned counsel for the parties may utilize the soft copy of
this order available in the High Court's official website or
print out thereof at par with certified copies in the manner
prescribed vide Court's Notice No.4587 dated 25.03.2020.
...............................
(DR. B.R. SARANGI)
JUDGE
GDS
