IMPORTANT POINT
Authorities must follow the prescribed procedure for renewal of registration, and the sealing of the sonography machine must be in accordance with the provisions of the PCPNDT Act and rules.

JUDGMENT :

1. The Petitioner has put-forth prayer clause-B, C and D as under:

“(B) By issuing writ of Mandamus or any other appropriate writ, order or directions, it be hold and declared that, the impugned action dated 28/12/2023 taken by respondent No. 2 and 3 thereby sealing the sonography machine of petitioner be quashed and set aside. Consequently the respondent No. 2 and 3 be directed to de-seal the sonography machine of petitioner forthwith and for that purpose necessary directions be issued.

(C) Pending hearing and final disposal of this writ petition, the effect, operation and execution of the impugned action dated 28/12/2023 taken by respondent No. 2 and 3 thereby sealing the sonography machine of petitioner be stayed and kept in abeyance. Consequently, the respondent No. 2 and 3 be directed to de-seal the sonography machine of petitioner forthwith and for that purpose necessary directions be issued.

(D) Pending hearing and final disposal of the Writ Petition respondents be directed to allow the petitioner to operate the sonography centre of petitioner as earlier as per law and for that purpose necessary directions be issued.”

2. The undisputed facts in this case are as under:

(a) The Petitioner is a Medical Practitioner by profession and she conducts a Maternity Hospital in Udgir from the year 2002.

(b) She applied in 2002 to the Respondent No. 2-Competent Authority for permission to register and operate a Sonography Centre under the provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as the PCPNDT Act) and the rules of 1996 framed thereunder (the 1996 rules).

(c) She was granted such a registration and permission. Every 5 years, she was issued with the renewal of her registration.

(d) Her permission and licence to operate the Sonography Centre was to expire on 06.02.2022. Rule 8 (1) mandates the Petitioner to file an application in Form-A for seeking renewal of the certificate of registration, prior to 30 days of the expiry of the certificate of registration. The department is obliged to issue an acknowledgment of receipt in the manner specified under Sub-Rule 2 of Rule 4.

(e) The Appropriate Authority is obliged to hold an inquiry and after it is satisfied that the applicant has complied with all the requirements of the Act and the Rules and having regard to the advice of the advisory committee in this behalf, the renewal certificate of registration is to be issued in Form-B for a further period of five years from the date of the expiry of the certificate of registration.

(f) Clause-6 below Rule 8 mandates that in the event of failure of the Appropriate Authority to renew the certificate of registration or to communicate the rejection of the application for seeking renewal of registration, within a period of 90 days from the date of receipt of the application for renewal, the certificate of registration shall be deemed to have been renewed.

(g) No rejection was communicated to the Petitioner within a period of 90 days.

(h) As on 19.04.2022, the Petitioner’s application seeking renewal of registration was deemed to be accepted. Needless to state, a certificate had to be necessarily issued by the Authority.

(i) On 26.04.2022, the District Civil Surgeon conveyed to the Petitioner that in view of the change in the 2014 Rules under Clause-7 thereof, the Petitioner has to undergo a specific training for handling the sonography machine under the State Commission for Medical Education Department with the approved Government Medical Institution for a period of six months. In the last paragraph of the communication, it is mentioned that, on the condition of clearing the competency exam and undergoing six months training certificate to be produced, the renewal of the certificate of registration would be issued, and if such competency exam and six months training certificates were not produced within six months from the date of issuance of the renewal certifi