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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
PANKAJ BHATIA
Alpha Diagnostic Centre Though Ajay Singh Saktuka Purwa Lucknow – Appellant
Versus
State Appropriate Authority/State Appellate Authority P.C.P.N.D.T. Act Thru. Chairman – Respondent
| Table of Content |
|---|
| 1. challenge to cancellation order and seizure. (Para 2 , 3) |
| 2. arguments against procedural violations. (Para 4 , 5 , 6 , 7) |
| 3. provisions of the pcpndt act outlined. (Para 10 , 11 , 12) |
| 4. no justification for suspension or cancellation. (Para 13 , 14) |
| 5. judgment quashing orders and allowing writ. (Para 15) |
JUDGMENT :
PANKAJ BHATIA, J.
1. Heard learned Counsel for the petitioner as well as learned Standing Counsel.
2. Present petition has been filed challenging an order dated 26.03.2025 passed by the State Appellate Authority as well as the order dated 13.10.2023 whereby, the registration of the petitioner’s Ultrasound Centre was cancelled and the suspension order dated 12.05.2023.
3. The facts in brief are that the petitioner no.1 is a diagnostic centre running in the name of “Alpha Diagnostic Centre”, which was registered on 08.09.2021 and was running in terms of the provisions contained in Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as “the PCPNDT Act”). On the basis of an authorization letter dated 01.05.2023 issued by the SDM, Mohanlalganj, Lucknow, an inspection was carried out on 01.05.2023 an
Compliance with procedural requirements is essential in administrative actions regarding registration cancellation and search under the PCPNDT Act, emphasizing the necessity for due process.
Procedural safeguards must be strictly adhered to in actions taken under the PCPNDT Act as arbitrary actions undermine the statutory framework.
Sex Determination Test – Continuing prosecution based on an illegal search will amount to abuse of process of law – If law requires a particular thing to be done in a particular manner, same shall be....
(1) Sex determination test – Summoning order – It is mandatory for person conducting Ultrasonography on a pregnant woman to keep complete record relating to Ultrasonography in clinic – Determination ....
The judgment established the necessity for the appropriate authority to form an opinion and record reasons in writing to exercise the power of suspension in public interest under Section 20(3) of the....
The importance of maintaining records as prescribed under the Act and Rules, and the legal implications of non-compliance.
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