The importance of maintaining records as prescribed under the Act and Rules, and the legal implications of non-compliance.

JUDGMENT

S.G.MEHARE, J.

1. Rule. Rule made returnable forthwith. By the consent of the learned counsels for the parties, the petition is heard finally.

2. The petitioner, a partnership firm, running a Genetic Clinic/ Ultrasound Clinic ( Non- Invasive) Centre at Nanded, has impugned the orders, suspending the Registration Certificate and sealing the Sonography machine of the petitioner by the District Appropriate Authority/ respondent no.2 dated 20/9/2019 and dismissing the appeal by the state Appropriate Authority dated 7/12/2019.

3. The petitioner is a partnership firm running Renukai Critical Care Centre and Multispeciality Hospital. The petitioner's Hospital is registered as Genetic Clinic/ Ultrasound Clinic ( referred to as 'Clinic ' for short) with the Appropriate Authority under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994 and Rules made thereunder ( the 'Act and Rules ' for short). It was registered on 19/5/2018 and is valid till 18/5/2023. Respondent no. 2 is the District Appropriate Authority.

4. Respondent no.2 had issued a show-cause notice dated 28/6/2019 to Dr. Nilesh Bastewad, the partner of the Clinic, calling upon him to submit the explanation. It is alleged in the show cause notice that in the visit of an officer authorised on 26.06.2019 to the Hospital, column no. 12 of Form-F is not filled by Dr. Chanda Bastewad. There were discrepancies in her signatures on declaration forms and consent forms of the patients. The signatures of the patients were not noticed on the consent forms. The dates were not mentioned on the declaration and consent forms of the patients. The name and registration of the doctor in column no. 11 of Form-F is not filled. Column no. 17 pertaining to the result of the pre-natal diagnostic procedure to be conveyed is left blank. The sonography registration register was not available. There was an irregularity in the monthly Sonography report submitted to the Appropriate Authority and on the website. One register was not paginated and was not certified for what purpose the petitioner used it. Respondent no.2 mentioned discrepancies of various dates in 20 items.

5. The petitioner/ Clinic had submitted it 's explanation to the show cause on 6/7/2019, contending that none of the provisions of the Act and Rules are violated. Sonography tests are done in the Hospital only by authorised and qualified doctors. The necessary records of such tests conducted in the Hospital are preserved and maintained in the complete sense. The record is also maintained in electronic Form and uploaded on the website as per the instructions issued from time to time.

6. Respondent no.2 passed the impugned order on 20/9/2019 and then drew a spot panchanama on 21/9/2019 in the Clinic in the presence of two witnesses and sealed and seized the sonography machine bearing registration no. USG/NWCMC, of Aeroscan make Digital colour model no. CD25. Immediately after sealing and seizing the machine, he handed it over to Dr. Nilesh Bastewad, the partner of the Hospital, and obtained his signature and acknowledgment on the same panchanama. Respondent no.2 also prepared a possession receipt on the same day.

7. Respondent no.2 filed an affidavit in reply contending that the discrepancies found in the visit to the Clinic are a violation of the various provisions of the Act and Rules. The Hospital has submitted a vague reply to the show cause. The impugned orders are legal and correct. The acts of the Clinic are deliberate. The Clinic has not made legal compliances. That amounts to an offence. Already a regular criminal case is filed in the Court of Judicial Magistrate. The petitioner/ Clinic does not deserve leniency or mercy. The petition is liable to be dismissed

8. Heard the learned Counsel Shri V .S. Kadam for the petitioner and learned AGP Shri Yawalkar for the State and the learned Counsel Shri R. K. Ingole for respondent no.2 at length.

9. We have persued the paper book.

10. The