The court affirmed that procedural fairness requires the Applicant's clinic to be de-sealed while allowing appeal processes to address regulatory compliance and safety concerns in a timely manner.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present writ petition has been filed on behalf of the Petitioner - Dr. Tarun Kothari seeking directions to the Respondent No.1 - Government of NCT of Delhi to hear his appeal under section 21 of The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 and stay the judgement dated 6th September, 2022 passed by the State Appropriate Authority, PCPNDT Act, GNCT of Delhi (hereinafter, "State Appropriate Authority"). The present writ petition also seeks stay of the sealing memo dated 19th September 2022 passed by the Respondent No. 2 - District Magistrate/District Appropriate Authority (West), PCPNDT Act, GNCT of Delhi and de-seal the USG machine and clinic/room of the Petitioner.

3. The Petitioner runs a diagnostic centre/clinic called Indo-American Health Care at RR13, Miyavali Nagar, Paschim Vihar, New Delhi-110087. The said clinic was registered in 2010 and was allotted registration number being DL/W/2015/0171. Initial registration of the same was from 19th May, 2010 to 18th May, 2015. The Petitioner was granted renewal till 17th May, 2020. Sometime in March, 2020, the Petitioner sought further renewal but no renewal was granted by the Respondent No. 2.

4. A show cause notice was issued by the Respondent No. 2 dated 20th October, 2020 stating three discrepancies in the Petitioner's clinic due to which the renewal was not granted. The said discrepancies are as under:

"(a). Notice board depicting ban on Prenatal Sex Determination {Rule 17(1)} was not displayed at conspicuous place.

(b) The centre is in basement and there are 16 stairs which are very steep and there is no ramp or lift. Steepness of the stairs is unsafe and dangerous to the ANC patients.

(c) Board displaying name of the centre was in very bad condition and unreadable."

5. The Petitioner accordingly replied to the said show cause notice. However, the application of the Petitioner for renewal of registration was rejected vide order dated 22nd January, 2021 passed by the Respondent No.2. The Petitioner filed a writ petition bearing W.P.(C) 1808/2021 titled Tarun Kothari v. District Magistrate/District Appropriate Authority (West) PCPNDT Act, GNCT of Delhi before this Court seeking setting aside of the said order. In the meantime, the Respondent No.2 sealed the medical equipment of the Petitioner. The said writ was disposed of by this Court vide order dated 23rd February, 2021 in the following terms:

"6. This Court has perused the show cause notice dated 20th October, 2020. The discrepancies pointed out in the show cause notice are as under:

"a. Notice board depicting ban on Prenatal Sex determination [Rule 14(1)] was not displayed at conspicuous place. b. The centre is in basement and there are 16 stairs which are very steep and there is no ramp or lift. Steepness of the stairs is unsafe and dangerous to the ANC patients. c. Board displaying name of the centre was in very bad condition and unreadable."

7. A perusal of the said discrepancies shows that the insofar as (a) and (c) are concerned, the same can be rectified easily by the Petitioner. Further insofar as the centre being run from a basement is concerned, since the Petitioner has always been running the centre from the basement, the same cannot be a grievance which is raised afresh by the Petitioner. However, adequate safeguards and safety measures such as installation of proper rails to enable patients to take support while climbing the stairs etc., can be taken by the Petitioner to ensure the safety of the patients who visit the clinic. Accordingly, the Petitioner's writ pet