The Appropriate Authority becomes functus officio after 90 days of receiving a renewal application, resulting in automatic renewal of the registration certificate if not acted upon.

JUDGMENT :

K.R. MOHAPATRA, J.

1. This matter is taken up through hybrid mode.

2. The Petitioner in this writ petition seeks to assail the e-mail dated 5^th August, 2023 (Annexure-7) attaching the reasoned order in Form-C passed by the Appropriate Authority under Rule 8(3) of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection), Rules, 1996 (as amended in 2017) (for short ‘the Rules’), whereby an application submitted by him for renewal of certificate of registration in respect of Shree Krishna Ultrasound Clinic at Karigara Sahi, Dhenkanal, has been rejected.

3. Mr. Nanda, learned Senior Advocate submits that the Petitioner-Proprietor runs the aforesaid Ultrasound Clinic and he was issued with a registration certificate on 20^th July, 2017 (Annexure-1). In due course, he made an application on 20^th February, 2023 (Annexure-3) in Form-A for renewal of certificate of registration. On receipt of the said application, a show cause notice was issued on 18^th April, 2023 (Annexure-4). On receipt of the show cause reply, his application was rejected on the ground that the name of the Doctor was not stated in the application in Form-A. The reasoned order was communicated to the Petitioner through e-mail dated 25^th April, 2023 (Annexure-5). Accordingly, the Petitioner made a fresh application on 24^th May, 2023 in Form-A complete in all respect. Upon receipt of the said application, the Petitioner alleged to have been issued with a notice to show cause on 25^th July, 2023. However, the renewal application was again rejected by the District Magistrate & Collector, Dhenkanal- Opposite Party No.2 vide order dated 5^th August, 2023 under Annexure-7. Hence, this writ petition has been filed.

3.1 Mr. Nanda, learned Senior Advocate drew attention of this Court to Rule 8 of the Rules, which deals with the procedure for renewal of certificate of registration. It is his submission that an application for registration has to be filed in Form-A. On receipt of the said application, the Appropriate Authority shall hold an enquiry under sub-rule (2) of Rule 8 and after satisfying itself that the Applicant has complied with all the requirements of the Act and Rules, renew the certificate of registration in Form-B. If after enquiry and giving opportunity of hearing to the Applicant and having regard to the advice of the Advisory Committee, the Appropriate Authority is satisfied that the Applicant has not complied with the requirements of the Act and the Rules, it shall, for the reasons to be recorded in writing, reject the application for renewal of certificate of registration under Rule 8(3) of the Rules. However, sub-rule (6) of Rule 8 deals with the period of limitation for entertaining an application for renewal of certificate of registration. Sub-rule (6) of Rule 8 provides as under:

8. Renewal of registration:-

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6) In the event of failure of the Appropriate Authority to renew the certificate of registration or to communicate rejection of application for renewal of registration within a period of ninety days from the date of receipt of application for renewal of registration, the certificate of registration shall be deemed to have been renewed.”

3.2 Referring to the counter affidavit filed by Opposite Party Nos.2 and 3, wherein it is specifically stated that the Petitioner was issued with a show cause notice on 25^th July, 2023, Mr. Nanda, learned Senior Advocate submits that the notice to show cause was issued beyond 90 days of making application for renewal of certificate of registration, which was made on 24^th