Gujarat High Court
Gujarat Chapter Of Radiological And ... vs State Of Gujarat on 4 July, 2019
Author: Anant S. Dave
Bench: Anant S. Dave, Biren Vaishnav
C/SCA/8174/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8174 of 2017
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2017
In R/SPECIAL CIVIL APPLICATION NO. 8174 of 2017
With
R/SPECIAL CIVIL APPLICATION NO. 21581 of 2016
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2017
In R/SPECIAL CIVIL APPLICATION NO. 21581 of 2016
With
R/SPECIAL CIVIL APPLICATION NO. 2032 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 6513 of 2017
With
CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2017
In R/SPECIAL CIVIL APPLICATION NO. 6513 of 2017
With
R/SPECIAL CIVIL APPLICATION NO. 11222 of 2017
With
R/SPECIAL CIVIL APPLICATION NO. 11223 of 2017
With
R/SPECIAL CIVIL APPLICATION NO. 11303 of 2017
With
R/SPECIAL CIVIL APPLICATION NO. 11304 of 2017
With
R/SPECIAL CIVIL APPLICATION NO. 11312 of 2017
With
R/SPECIAL CIVIL APPLICATION NO. 11884 of 2017
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AMRATLAL KARJANDAS MAHESHWARI & 10 other(s)
Versus
MINISTRY OF HEALTH AND FAMILY WELFARE & 2 other(s)
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Appearance:
MR AD OZA(515) for the Petitioner(s) No. 1,10,11,2,3,4,5,6,7,8,9
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 2
MR DEVANG VYAS(2794) for the Respondent(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 2,3
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE
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C/SCA/8174/2017 ORDER
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 04/07/2019
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE) ORDER IN SPECIAL CIVIL APPLICATIONS NO. 11222, 11223 & 11304 OF 2017 To be listed for hearing on 07.08.2019.
ORDER IN SPECIAL CIVIL APPLICATION NO. 2032 OF 2018 WITH CONNECTED CIVIL APPLICATION To be detached from the present group and to be listed for hearing individually on 07.08.2019.
ORDER IN REMAINING SPECIAL CIVIL APPLICATIONS WITH CIVIL APPLICATIONS
1. Heard learned advocates appearing for the respective parties.
2. It is not in dispute that the subject matter of these writ petitions refer to the prayer whereby challenge is to Rule 3(3) (1)(b) of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 as it stood substituted by notification dated 09.01.2014. Similar such rules were under challenge before the Delhi High Court Page 2 of 3 Downloaded on : Tue Sep 17 21:35:00 IST 2019 C/SCA/8174/2017 ORDER which struck down the above rules against which appeal being SLP Nos. 16657-16659 of 2016 were preferred by the Union of India. By order dated 14.03.2018, the Apex Court stayed the operation of the judgement and order dated 17.02.2016 of the Delhi High Court in those petitions.
3. Mr. A.D. Oza, learned advocate for the petitioners has drawn our attention to the communication dated 31.05.2018 addressed by the Ministry of Health & Family Welfare, PNDT Division to all the Principal Secretaries, Health of all States and Union Territories wherein certain directions are given pertaining to six months' training rules.
4. Be that as it may. We are of the considered opinion that now since the Apex Court is in sesin of the subject matter and the judgement of the Delhi High Court is stayed by the above order passed in the SLP, it shall be just and proper to dispose of these writ petitions. Accordingly, these petitions with connected civil applications shall stand disposed of. However, it is made clear that disposal of these writ petitions and applications shall be subject to final outcome of the SLP.
(ANANT S. DAVE, ACJ) (BIREN VAISHNAV, J) DIVYA Page 3 of 3 Downloaded on : Tue Sep 17 21:35:00 IST 2019