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Rajkot.

4.2. 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 C/SCA/13611/2021 ORDER DATED: 24/01/2022 came to be lodged against the Director of Shivalaya Hospital Pvt. Ltd. (Dr. Nilesh Bhimajiyani) as also against Dr. Twinkle Narsingani and the present writ-applicant 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 writ-applicant vacated his position at visiting Gynecologist in Shivalaya Hospital, Shapar (Veraval) and is no more working with the said organization and has continued his original job and is practicing at Lotus Hospital at Rajkot. The Lotus Hospital, Rajkot is also having Sonography machine which is valid and legal with registration No. GJ-12-0390-AAA-2016, since the year 2016 (before the joining of the writ-applicant with the said hospital). The license and registration of Sonography machine at Lotus Hospital, Rajkot was due for renewal in the month of March, 2021 and therefore, for the purpose of forwarding the renewal application, the management of Lotus Hospital, Rajkot had shown the appointment of the writ-applicant in the said hospital as full time Gynecologist w.e.f. 15.07.2021. The writ-applicant, in view of the appointment letter, gave a consent letter to the organization on 02.07.2021 with an affidavit for the C/SCA/13611/2021 ORDER DATED: 24/01/2022 purpose of forwarding necessary papers to the concerned authority for renewal of license / registration of Sonography machine.

4.3. The Hospital management applied for renewal of the Sonography machine, alongwith the said application preferred to the competent authority alongwith the consent letter by the writ-applicant dated 02.07.2021 alongwith the affidavit duly signed by the writ-applicant.

4.4. 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 23.08.2021 informed the management of the Lotus Hospital and specifically directed not to permit the writ-applicant to operate the Sonography machine since the Criminal Case No. 542 of 2018 under PC & PNDT Act is pending against the writ-applicant.

C/SCA/13611/2021 ORDER DATED: 24/01/2022 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 writ- applicant 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 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 the PC & PNDT Act and Rules framed there-under.

10. The writ-applicant is a Gynecologist Doctor, was visiting at Shivalay Hospital, Shapar (Veraval), Dist.:

Rajkot as visiting Doctor. He 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 C/SCA/13611/2021 ORDER DATED: 24/01/2022 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 and against the writ-applicant 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 the Lotus Hospital. At the time when the management of Lotus Hospital applied for renewal of license of Sonography machine being GJ-12-0390-AAA-2016, the respondent authority granted the permission for renewal of the license of Sonogrpahy machine, however, by the impugned communication / order dated 23.08.2021 informed the management of the Lotus Hospital, Rajkot, not to permit the writ-applicant to use the Sonography machine. It is the case of the writ-applicant that the impugned communication restraining the writ-applicant from using the Sonography machine dated 23.08.2021 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 writ-applicant and is flagrant violation of the principles of natural justice.