Karnataka High Court
Dr K Chandrashekar vs State Of Karnataka on 28 July, 2020
Author: P.B.Bajanthri
Bench: P. B. Bajanthri
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JULY, 2020
BEFORE
THE HON'BLE MR.JUSTICE P. B. BAJANTHRI
WRIT PETITION NO.8223/2020 (GM-RES)
BETWEEN:
DR.K.CHANDRASHEKAR
S/O THIMMANNA BHAT.K,
AGED ABOUT 73 YEARS,
MANAGING PARTNER,
DHANVANTHARI HOSPITAL,
PUTTUR D.K-574202.
... PETITIONER
(BY SRI KRISHNAMOORTHY.D, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
DR. B.R.AMBEDKAR VEEDHI,
BENGALURU-560001.
2. ADDITIONAL SECRETARY-II TO STATE OF
KARNATAKA,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
VIKASA SOUDHA, BENGALURU-560001.
3. THE APPROPRIATE AUTHORITY UNDER PC PNDT ACT
DAKSHINA KANNADA DISTRICT
OFFICE OF THE DHO,
2
A.B.SHETTY CIRCLE,
PANDESHWARA, MANGALORE-575001.
4. THE MEDICAL COUNCIL OF INDIA,
REPRESENTED BY ITS SECRETARY,
AJWAN E GALIB MARG, KOTLA,
OPPOSITE TO MATA SUNDARI
COLLEGE FOR WOMEN,
NEAR ITO, NEW DELHI-110002.
....RESPONDENTS
(BY SRI. T.P.SRINIVASA, AGA FOR R-1 TO R-3,
R-4 HAND SUMMONS ISSUED V/O DATED 06.07.2020)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER/NOTICE IMPUGNED BY THE R-3
DATED 20.03.2020 AS PER ANNEXURE-H BY ALLOWING
THE OBSTETRIC SCANS AND OTHER SCANS TO BE
PERFORMED BY DR. RACHANA BORKAR IN ACCORDANCE
WITH LAW.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THROUGH VIDEO CONFERENCE THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
In the instant petition, petitioner has sought for the following reliefs:
a) Issue a writ of certiorari quashing the Order/Notice impugned by the 3rd respondent bearing No.PC & PNDT/64/2019-
2020 dated 20.03.2020 as per Annexure-H by allowing the obstetric scans and other scans to be performed by Dr.Rachana Borkar in 3 accordance with Law in the interest of justice and equity.
b) Pass any other order/s that this Hon'ble Court deems fit and proper in the circumstances of the case in the interest of justice and equity.
2. Prima Facie impugned notice dated 20.03.2020 is in the form of final order. Question for consideration in the present petition is whether the petitioner-Doctor could utilize the scanning equipments under Pre-Conception and Pre-Natal Diagnostic Techniques, Act, 1994 or not?
3. Perusal of notice, it is evident that prima facie petitioner do not fulfill certain requisites. Where as the petitioner's statement in Annexure-'F' and 'G' has not been taken into consideration by the respondent-State. Therefore, respondent No.3-District Health and Family Welfare Officer, D.K.Mangaluru is hereby directed to examine the petitioner's contention stated in Annexure'F' dated 26.02.2020 and 4 Annexure'G' dated 19.03.2020 and proceed to pass final order after due consideration of each of the contentions stated in the aforesaid documents within a period of two months from the date of receipt of this order till then notice dated 20.03.2020 shall not be given effect. Competent authority is hereby directed to communicate its decision to the petitioner at the earliest.
With the above observation, writ petition stands disposed of.
Sd/-
JUDGE KPS