WPMS/1196/2021
2021 Latest Caselaw 2184 UK

     IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
              ON THE 1ST DAY OF JULY, 2021
                            BEFORE:
      HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

          Writ Petition (M/S) No. 1196 of 2021

 BETWEEN:
       Dr. Ashish Kumar Srivastava                  .....Petitioner
       (By Mr. Navneet Kaushik, Advocate)

 AND:
       State of Uttarakhand & others           .....Respondents
       (By Mr. Vinod Nautiyal, Deputy Advocate General for the State
       of Uttarakhnd)

                          JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. Petitioner is aggrieved by rejection of his application for renewal of registration under Pre- Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. The reason assigned for rejecting his application is that a criminal prosecution is pending against him for an offence under Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and Rules framed thereunder, before Chief Judicial Magistrate, Haridwar.

3. Since petitioner has the remedy of Appeal before the State Authority under Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996, therefore, this Court is not inclined to entertain the writ petition.

4. Accordingly, the writ petition is dismissed on the ground of alternative remedy with liberty to petitioner to approach the Appellate Authority. However, it is provided that if petitioner files an Appeal within ten days from today, the same shall be decided on merits, as early as possible, but not later than six weeks.

(MANOJ KUMAR TIWARI, J.) Navin