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Madhya Pradesh High Court

Dr. Govind Singh Kushwaha vs The State Of Madhya Pradesh on 1 November, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                            1
                           IN      THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                               ON THE 1 st OF NOVEMBER, 2023
                                              WRIT PETITION No. 26645 of 2023

                          BETWEEN:-
                          DR. GOVIND SINGH KUSHWAHA S/O SHRI V.S.
                          KUSHWAHA,   OCCUPATION: MEDICAL OFFICER,
                          DISTRICT HOSPITAL HARDA, DISTRICT HARDA
                          (MADHYA PRADESH)

                                                                                       .....PETITIONER
                          (BY SHRI ASHOK KUMAR GUPTA - ADVOCATE)

                          AND
                          1.     STATE OF MADHYA PRADESH THROUGH THE
                                 PRINCIPAL SECRETARY, PUBLIC HEALTH AND
                                 FAMILY WELFARE DEPARTMENT, MANTRALAYA,
                                 VALLABH    BHAWAN,    BHOPAL   (MADHYA
                                 PRADESH)

                          2.     COMMISSIONER, PUBLIC HEALTH AND FAMILY
                                 WELFARE   DEPARTMENT, SATPUDA BHAWAN,
                                 BHOPAL (MADHYA PRADESH)

                          3.     COLLECTOR   HARDA,          DISTRICT     HARDA
                                 (MADHYA PRADESH)

                          4.     CHIEF MEDICAL AND HEALTH OFFICER HARDA,
                                 DISTRICT HARDA (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (BY SHRI K.S. BAGHEL - GOVERNMENT ADVOCATE)

                                 This petition coming on for admission this day, th e court passed the
                          following:
                                                             ORDER

This petition under Article 226 of Constitution of India has been filed seeking following reliefs:-

7.1 That, it is therefore, prayed that Hon'ble Court may kindly be pleased to issue a writ/order/directions to the respondent no.2,3 & 4 renew the registration of Sonography machine and also issue renewal certificate in stipulated time period, in the interest of justice.

7.2 That, it is therefore, prayed that Hon'ble Court may kindly be pleased to issue a writ/order/directions to the respondent no.2 to 4 to consider the claim/representation of the petitioner in accordance with law.

7.3 Any other relief deems fit may also be granted including cost of litigation.

2. It is submitted by counsel for petitioner that although petitioner is posted as Medical Officer, District Hospital Harda but he is also running a private Sonography Center in the name and style 'Unique Sonography Center' and petitioner is the Director of said Sonography Center. Earlier Sonography Center was granted license. Thereafter petitioner had moved an application for renewal of license/ grant of fresh license. The said application is pending and accordingly, this petition has been filed seeking direction for respondents to decide the application.

3. Considered the submissions made by counsel for petitioner.

4. It is the case of petitioner that CMHO Harda by letter dated 04/10/2023 has informed the petitioner that unless and until further instructions are received from Competent Authority under PCPNDT Act, license of Sonography Center cannot be renewed.

5. Be that whatever it may be.

6. It is clear from order dated 04/10/2023 that no final decision has been taken so far.

7. Accordingly, respondents are directed to take a final decision on the application filed by petitioner for renewal of license to run Unique Sonography Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 01-Nov-23 6:38:37 PM 3 Center.

8. It is made clear that the Competent Authority under PCPNDT Act as well as CMHO, District Harda shall not decide the application before giving a specific finding as to whether petitioner who is posted as Medical Officer in District Hospital Harda, can simultaneously run his private Sonography Center or not? If respondents are of the view that on account of certain impediments or on account of fact that petitioner cannot run a private Sonography Center because he is already posted as Medical Officer in District Hospital Harda, then they shall not be under obligation to renew the license or to grant fresh license to run the Sonography Center.

9. Apart from above observation, this Court has not considered the merits and demerits of the case and application shall be decided strictly in accordance with law. However, it is made clear that aforementioned aspect highlighted by this Court shall also to be dealt with specifically before deciding the application.

10. With aforesaid observations, petition is disposed of.

(G.S. AHLUWALIA) JUDGE shubhankar Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 01-Nov-23 6:38:37 PM