Gujarat High Court
Twinkle Navinchandra Narsingani vs District Appropriate Authority, Pndt ... on 23 April, 2026
NEUTRAL CITATION
C/SCA/7406/2022 JUDGMENT DATED: 23/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7406 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
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TWINKLE NAVINCHANDRA NARSINGANI
Versus
DISTRICT APPROPRIATE AUTHORITY, PNDT ACT 1994 AND CHIEF
DISTRICT HEALTH OFFICER & ANR.
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Appearance:
MR PM LAKHANI(1326) for the Petitioner(s) No. 1
MR VAIBHAV SHARMA AGP for the Respondent(s) No. 2
MS RV ACHARYA(1124) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 23/04/2026
JUDGMENT
1. RULE returnable forthwith. Ms. RV Acharya, learned counsel waives service of notice of rule on behalf of the respondent no.1 and Mr. Vaibhav Sharma, learned AGP waives service of notice of rule on behalf of the respondent no.2. With the consent of the learned counsel for the respective parties, the present petition is taken up for final hearing today.
2. This petition under Article 226 of the Constitution of India is filed by the petitioner being aggrieved and dissatisfied by the impugned order passed by the respondent no.1 dated Page 1 of 12 Uploaded by ANUSRI VASU(HC02352) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 20:51:44 IST 2026 NEUTRAL CITATION C/SCA/7406/2022 JUDGMENT DATED: 23/04/2026 undefined 04.04.2022.
3. The brief facts as stated by the petitioner germane for the adjudication for the present petition are stated thus:
3.1 The petitioner is a qualified Gynecologist Doctor, having passed her M.S. (Gynec.) degree in the year 2012 and obtained registration with the Maharashtra Medical Council, Mumbai. The petitioner initially joined with the Charkop Maternity Hospital, Kandivali, Mumbai, and thereafter, she shifted to Gujarat, got her registration with the Gujarat Medical Council, and thereafter, she worked with the Government Hospital, CHC, Kuvadava, District:
Rajkot, for about 6 months and thereafter, with the Welcare Hospital, Ankleshwar, District: Bharuch, for the period of 2 years, and thereafter, with the Lotus Hospital, Rajkot, since March-2016 to January-2017 and thereafter, she joined with the Syeda Itrat Fatema Hospital and Diagnostic Center wherein she worked for the period since 18.04.2017 to 31.01.2021. That, she once again joined with the very same hospital Syeda Itrat Fatema Hospital and Diagnostic Center vide appointment letter dated 14.03.2022.
3.2. It is stated that the Taluka Health Officer of Kotda-
Sangani Taluka being an appropriate authority under the PC and PNDT Act visited the Shivalay Hospital at Shapar (Veraval) on 24.05.2018 and during the course of his visit, the officer found certain irregularities and defects in the maintenance of certain registers and some paper works necessary under the PC & PNDT Act. A complaint came to be lodged against the Director of Shivalaya Hospital Pvt. Ltd. (Dr. Nilesh Bhimajiyani) as also against Dr. Twinkle Narsingani the present petitioner and Dr. Page 2 of 12 Uploaded by ANUSRI VASU(HC02352) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 20:51:44 IST 2026 NEUTRAL CITATION C/SCA/7406/2022 JUDGMENT DATED: 23/04/2026 undefined Jimit Chhatrala for the alleged offence under the PC & PNDT Act and Rules farmed there-under by instituting Criminal Case No. 542 of 2018 before the Court of Judicial Magistrate First Class of Kotda-Sangani, Dist.: Rajkot. The said complaint is pending in the concerned Court and has not progressed further in constant absence of the competent authority. It is stated that the petitioner vacated her position as visiting Gynecologist in Shivalaya Hospital, Shapar (Veraval) and is no more working with the said organization and has joined, Sayed Itrat Fatema Hospital and Diagnostic Centre, Sedrana, Tal. Siddhpur, Dist. Patan which is also having Sonography machine which is valid and legal with registration No. PTM/GC/84, since the year 2016 (before the joining of the petitioner with the said hospital).
3.3. Pursuant to the said renewal application forwarded to the respondent authority, the concerned authority while renewing the registration / license of Sonography machine at Lotus Hospital, by the impugned letter dated 04/04/2022 informed the management of the Hospital and specifically directed not to permit the petitioner to operate the Sonography machine since the Criminal Case No. 542 of 2018 under PC & PNDT Act is pending against the petitioner.
4. Being aggrieved and dissatisfied with the above communication dated 04/04/2022, the petitioner is constrained to approach this Court, seeking the following reliefs, which are produced thus:
"(a) YOUR LORDSHIPS BE PLEASED to admit this petition;
(b) YOUR LORDSHIPS BE PLEASED to issue appropriate writ, order or direction quashing and set asiding the impugned Page 3 of 12 Uploaded by ANUSRI VASU(HC02352) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 20:51:44 IST 2026 NEUTRAL CITATION C/SCA/7406/2022 JUDGMENT DATED: 23/04/2026 undefined decision, action and Communication dated 04-04-2022 of Respondent No 1 (At Annexure-A) and be pleased to hold and declare that the impugned decision, action and Communication of the Respondent No 1 authority is highly improper, unjust, illegal, malafide, arbitrary and violative of section 30 of the PC &PNDT Act as well as rule framed there-under and also violative of the rule of natural justice; and further YOUR LORDSHIPS BE PLEASED to direct the respondent authorities to grant such permission to the petitioner for use of sonography machine for her legitimate Medical Practice of Gynecology.
(c) YOUR LORDSHIPS BE PLEASED to grant interim relief by way of grating stay upon further implementation, operation and execution decision/action/communication of Respondent No. 1 authority dated 04-04-2022 at Annexure-A, during pendency and upto final disposal of this petition before this Hon'ble Court.
(d) YOUR LORDSHIPS BE PLEASED to grant ad interim relief(s) in term of para 8(c) above.
(e) YOUR LORDSHIPS BE PLEASED to pass any other appropriate and just order/s."
5. Mr. Lakhani, the learned counsel appearing for the petitioner submitted that the petitioner was only a visiting Doctor at Shivalaya Hospital at Veraval (Rajkot). The criminal complaint which is a genesis of the impugned order dated 04/04/2022 states with regard to the irregularities with respect to non- maintenance of the proper register as required under the Act and non-performance of the paper work under the Act and Rules. Mr. Lakhani, the learned counsel submitted that even in the pending criminal case, there is no allegation of conducting any sex determination test by the petitioner or by the hospital staff. The sonography machine is an essential part of the medical practice for Gynecologist Doctor and there are many other usages of Sonography machine other than fetus examination and Page 4 of 12 Uploaded by ANUSRI VASU(HC02352) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 20:51:44 IST 2026 NEUTRAL CITATION C/SCA/7406/2022 JUDGMENT DATED: 23/04/2026 undefined a lot of non-pregnant gynec patients also require Sonography testing for Gynecological treatment, and therefore, the said machine is inevitable for a doctor to practice as a Gynec surgeon. Mr. Lakhani, the learned counsel vehemently submitted that, even otherwise, the impugned order is required to be quashed and set aside, in view of the fact that the said order is passed in flagrant violation of the principles of natural justice. The respondent authorities had not given any opportunity to the writ-applicant before taking the impugned decision, which is against the provision of Section 20 of the PC & PNDT Act and Rules framed there-under.
6. Mr. Lakhani, the learned counsel submitted that, in view of above, the impugned order dated 04.04.2022 is required to be quashed and set aside only on the ground that the writ-applicant is not given an opportunity of hearing before passing of the impugned order and the said order is passed without issuance of notice to the petitioner and the same is conveyed to Shri Keval Natvarlal Bhalodi (Partner), Lotus Hospital (managed by Swastik Health Care).
7. On the other hand, Mr. Vaibhav Sharma, the learned Assistant Government Pleader appearing for the respondent no.2 submitted that the impugned order dated 04/04/2022 passed by the competent authority is just and proper and since the name of the petitioner figure as accused no.2 in Criminal Case No. 542 of 2018 which is pending adjudication, it was just and proper that the petitioner be restrained from using Sonography machine at Lotus Hospital.
Page 5 of 12 Uploaded by ANUSRI VASU(HC02352) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 20:51:44 IST 2026NEUTRAL CITATION C/SCA/7406/2022 JUDGMENT DATED: 23/04/2026 undefined
8. Heard Mr. P.M. Lakhani, the learned counsel appearing for the petitioner and Mr. Vaibhav Sharma, the learned AGP appearing for the respondent no.2.
9. The petitioner is a Gynecologist Doctor, was visiting at Shivalay Hospital, Shapar (Veraval), Dist.:Rajkot as visiting Doctor. She was at the same time working with Lotus Hospital also. During the course of discharging duties at Shivalay Hospital as Gynecologist Doctor, the respondent authorities visited Shivalay Hospital on 24.05.2018 and having found certain irregularities and defects with respect to the maintenance of certain registers and carrying-out certain paper work under the PC & PNDT Act and Rules, lodged a complaint against Director of Shivalay Hospital, i.e. Dr. Nilesh Bhimajiyani as also against Dr. Twinkle Narsingani (petitioner) and against Dr. Jimit Chhatral for the alleged offence under the said Act by filing Criminal Case No. 542 of 2018. Subsequent to the filing of the complaint, the writ applicant left the services at Shivalay Hospital and joined Sayed Itrat Fatema Hospital. By the impugned communication / order dated 04/04/2022 informed the management not to permit the petitioner to use the Sonography machine. It is the case of the petitioner that the impugned communication restraining the petitioner from using the Sonography machine dated 04.04.2022 is required to be quashed and set aside, mainly on the ground that before issuance of the said communication, no notice is served upon the petitioner and is flagrant violation of the principles of natural justice.
10. The ratio laid down by the Hon'ble Supreme Court in the case of Whirlpool Corporation v. Registrar of Trademark & Page 6 of 12 Uploaded by ANUSRI VASU(HC02352) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 20:51:44 IST 2026 NEUTRAL CITATION C/SCA/7406/2022 JUDGMENT DATED: 23/04/2026 undefined ors. reported in (1998) 8 SCC 1, is required to be considered. The Hon'ble Supreme Court in para-15 of the said decision observed that under Article 226 of the Constitution of India, the High Court having regard to the facts of the case, has discretion to entertain or not to entertain the writ-application, but the High Court has imposed upon itself certain restrictions, one of which is that, if there is an effective efficacious alternative remedy available, the extraordinary discretion normally is not exercised. The High Court normally restrains itself from exercising extraordinary discretion, however, alternative remedy cannot be said to be a bar in deciding an application under Article 226 of the Constitution of India, wherein, fundamental rights are violated or there is a flagrant violation of principles of natural justice or where the order or proceedings are wholly without jurisdiction or the vires of the Act is challenged.
11. Section 17 and Section 20 of the PC & PNDT Act reads thus:
"17. Appropriate Authority and Advisory Committee.-
1. The Central Government shall appoint, by notification in the Official Gazette, one or more Appropriate Authorities for each of the Union territories for the purposes of this Act.
2. The State Government shall appoint, by notification in the Official Gazette, one or more Appropriate Authorities for the whole or part of the State for the purposes of this Act having regard to the intensity of the problem of pre-natal sex determination leading to female foeticide.
3. The officers appointed as Appropriate Authorities under sub- section (1) or sub-section (2) shall be,-
(a) when appointed for the whole of the State or the Union Page 7 of 12 Uploaded by ANUSRI VASU(HC02352) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 20:51:44 IST 2026 NEUTRAL CITATION C/SCA/7406/2022 JUDGMENT DATED: 23/04/2026 undefined territory, consisting of the following three members;-
i) an officer of or above the rank of the Joint Director of Health and Family Welfare-Chairperson;
ii) an eminent woman representing women's organization; and
iii) an officer of Law Department of the State or the Union territory concerned:
Provided that it shall be the duty of the State or the Union territory concerned to constitute multimember State or Union territory level Appropriate Authority within three months of the coming into force of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002:
Provided further that any vacancy occurring therein shall be filled within three months of that occurrence.
(b) when appointed for any part of the State or the Union territory, of such other rank as the State Government or the Central Government, as the case may be, may deem fit.
4. The Appropriate Authority shall have the following functions, namely:-
(a) to grant, suspend or cancel registration of a Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic;
(b) to enforce standards prescribed for the Genetic Counselling Centre, Genetic Laboratory and Genetic Clinic;
(c) to investigate complaints of breach of the provisions of this Act or the rules made thereunder and take immediate action;
(d) to seek and consider the advice of the Advisory Committee, constituted under sub-section (5), on application for registration and on complaints for suspension or cancellation of registration;
(e) to take appropriate legal action against the use of any sex selection technique by any person at any place, suo motu or brought to its notice and also to initiate independent Page 8 of 12 Uploaded by ANUSRI VASU(HC02352) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 20:51:44 IST 2026 NEUTRAL CITATION C/SCA/7406/2022 JUDGMENT DATED: 23/04/2026 undefined investigations in such matter,
(f) to create public awareness against the practice of sex selection or pre-natal determination of sex;
(g) to supervise the implementation of the provisions of the Act and rules; (h) to recommend to the CSB and State Boards modifications required in the rules in accordance with changes in technology or social conditions;
(i) to take action on the recommendations of the Advisory Committee made after investigation of complaint for suspension or cancellation of registration.
5. The Central Government or the State Government, as the case may be, shall constitute an Advisory Committee for each Appropriate Authority to aid and advise the Appropriate Authority in the discharge of its functions, and shall appoint one of the members of the Advisory Committee to be its Chairman.
6 The Advisory Committee shall consist of-
(a) three medical experts from amongst gynaecologists, obstericians, paediatricians and medical geneticists;
(b) one legal expert;
(c) one officer to represent the department dealing with information and publicity of the State Government or the Union territory, as the case may be;
(d) three eminent social workers of whom not less than one shall be from amongst representatives of women's organisations.
7. No person who has been associated with the use of promotion of pre-natal diagnostic technique for determination of sex or sex selection shall be appointed as a member of the Advisory Committee.
8. The Advisory Committee may meet as and when it thinks fit or on the request of the Appropriate Authority for consideration of any application for registration or any complaint for Page 9 of 12 Uploaded by ANUSRI VASU(HC02352) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 20:51:44 IST 2026 NEUTRAL CITATION C/SCA/7406/2022 JUDGMENT DATED: 23/04/2026 undefined suspension or cancellation of registration and to give advice thereon:
Provided that the period intervening between any two meetings shall not exceed the prescribed period.
9. The terms and conditions subject to which a person may be appointed to the Advisory Committee and the procedure to be followed by such Committee in the discharge of its functions shall be such as may be prescribed.
17A. Powers of Appropriate Authorities.-
The Appropriate Authority shall have the powers in respect of the following matters, namely:-
a) summoning of any person who is in possession of any information relating to violation of the provisions of this Act or the rules made thereunder;
b) production of any document or material object relating to clause (a);
c) issuing search warrant for any place suspected to be indulging in sex selection techniques or pre-natal sex determination; and
d)any other matter which may be prescribed.
20. Cancellation or suspension of registration.-
1. The Appropriate Authority may suo moto, or on complaint, issue a notice to the Genetic Counselling Centre, Genetic Laboratory or Genetic Clínic to show cause why its registration should not be suspended or cancelled for the reasons mentioned in the notice.
2. If, after giving a reasonable opportunity of being heard to the Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic and having regard to the advice of the Advisory Committee, the Appropriate Authority is satisfied that there has been a breach of the provisions of this Act or the rules, it may, without prejudice to any criminal action that it may take against Page 10 of 12 Uploaded by ANUSRI VASU(HC02352) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 20:51:44 IST 2026 NEUTRAL CITATION C/SCA/7406/2022 JUDGMENT DATED: 23/04/2026 undefined such suspend its Centre, Laboratory or Clinic, registration for such period as it may think fit or cancel its registration, as the case may be.
3. Notwithstanding anything contained in sub-sections (1) and (2), if the Appropriate Authority is, of the opinion that it is necessary or expedient so to do in the public interest, it may, for reasons to be recorded in writing, suspend the registration of any Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic without issuing any such notice referred to in sub-section (1)."
12. The Pendency of the criminal proceeding against the petitioner cannot be said to be a reason of cancelling the registration of the petitioner/ not permitting the petitioner to use Sonography machine. The respondent authority has failed to comply with the above-referred provisions of the Act. More particularly, in view of the fact that impugned communication dated 04.04.2022 has been addressed to the Trust and not the petitioner. Furthermore, no notice under PC & PNDT Act and Rules has been issued to the petitioner before passing the impugned communication dated 04/04/2022. In view of this Court, before passing any adverse order against the petitioner, it is incumbent for the authority to provide hearing to the petitioner. Only on the aforesaid ground, the writ-application is required to be allowed and remanded back to the competent authority to pass appropriate order in accordance with law, after providing an opportunity of hearing to the petitioner, duly complying with the principles of natural justice.
13. While passing the impugned order, it is clarified that the respondent authority shall hear the petitioner without being Page 11 of 12 Uploaded by ANUSRI VASU(HC02352) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 20:51:44 IST 2026 NEUTRAL CITATION C/SCA/7406/2022 JUDGMENT DATED: 23/04/2026 undefined influenced by any of the observations made by this Court, while deciding the present writ-application and take a decision in accordance with law preferably within a period of eight weeks from the date of the receipt of the copy of the order.
14. In view of above, while exercising its extraordinary jurisdiction under Article 226 of the Constitution of India, the impugned order /communication dated 04/04/2022 passed by the respondent authority is quashed and set aside and the writ- application stands allowed to the aforesaid terms.
15. Rule is made absolute to the aforesaid extent. No order as to costs. Direct service is permitted.
(HEMANT M. PRACHCHHAK,J) ANUSRI Page 12 of 12 Uploaded by ANUSRI VASU(HC02352) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 20:51:44 IST 2026