Upasana Jeevan Raksha Sonography ... vs State Of Rajasthan
2021 Latest Caselaw 9986 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7832/2021

Upasana Jeevan Raksha Sonography Centre, Through Its Director Dr. Bishwanath Das S/o Shri Maran Chand Das, By Caste Das, R/o Pragati Nagar, District Dungarpur.

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Government Of Rajasthan, Jaipur.

2. The Project Director (Pcp And Dt) Cum Deputy Director (Rhc), Medical And Health Services, Rajasthan, Jaipur.

3. The Chief Medical And Health Officer, District Dungarpur.

----Respondents

For Petitioner(s) : Mr. Sanjay Mathur (through VC)

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

02/07/2021

Learned counsel for the petitioner has submitted that the

petitioner-center has purchased and installed two echo

cardiography machines. It is argued that on account of Covid-19

situation, the petitioner has failed to apply for renewal of the

certificate, which was expired in November, 2020. Learned counsel

for the petitioner has further submitted that after installing of

echo cardiography machines, the petitioner applied for renewal of

his certificate with the respondents in January, 2021, however, the

respondents without considering the application has seized the

echo cardiography machines of the petitioner on 23.04.2021 on

the ground that the petitioner has applied for renewal of certificate

after a delay of two months and twenty four days. Learned

(2 of 2) [CW-7832/2021]

counsel for the petitioner has further submitted that as per

admitted position, the petitioner has applied for renewal of his

certificate in January, 2021 and as per Rule 8(6) of the Pre-

Conception and Pre- Natal Diagnositic Techniques (Prohibition of

Sex Selection) Rules, 1996, in the event of failure of the

Appropriate authority to renew the certificate of registration or to

communicate rejection of application for renewal of registration

within a period of ninety days from the date of receipt of

application for renewal of registration, the certificate of

registration shall be deemed to have been renewed. Learned

counsel for the petitioner has further submitted that in the facts

and circumstances of the case, as per the above Rule, the

certificate has been automatically renewed in April, 2021,

however, the respondents have failed to release the echo

cardiography machines seized by them.

Issue notice. Issue notice of stay application also, returnable

within a period of three weeks.

In the meantime, if three months have been passed after

filing of the application by the petitioner for renewal of

registration, the respondents shall release the two echo

cardiography machines of the petitioner immediately.

(VIJAY BISHNOI),J

32-mohit/-

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