Point of Law: Power of judicial review under Article 226 of Constitution of India, it being discretionary and equitable remedy, Writ Court may decline to grant relief to a petitioner, in given facts even if legal flaw in decision of competent authority is made out.

ORDER :

1. Heard learned counsel for petitioner Sri. T. Bala Mohan Reddy and learned Government Pleader for Medical and Health for respondents 1 to 3.

2. This writ petition is filed seeking following directions:

“......to grant an order direction or writ more so in the nature of Writ of Mandamus declaring the action of the 2nd respondent in rejecting the Petitioners application for renewal dated 16.06.2021 vide Application No. 0050505 vide proceedings bearing Rc. No. 19/PC and PNDT/DMHO/HYD/2021 dated 16.08.2021 on the ground of pending criminal case in C.C. No 1542/2018 on the file of the Learned III Additional Chief Metropolitan Magistrate at Hyderabad as illegal arbitrary highhanded violative of principles of natural justice apart from being violative of Articles 14 and 19 of the Constitution of India and in violation of Rule 8(3) of PC and PNDT Prohibition of Sex Selection Rules 1996 and with a consequent prayer to set aside the proceedings of rejection issued by the 3rd Respondent on behalf of 2nd respondent vide proceedings bearing Rc. No. 19/PC and PNDT/DMIIO/HYD/2021 dated 16.08.2021 and pass......”

3. Petitioner is a Multi Speciality Hospital, registered under the Pre-Conception and pre-Natal Diagnostic and Techniques Act, 1994 and Rules made thereunder on 25.8.2006 valid for a period of five years. The registration was renewed on 25.8.2011 and on 25.8.2016. The last renewal was valid up to 24.8.2021. Petitioner applied for renewal of registration well in advance. His application for renewal was rejected by orders dated 3.7.2021. Aggrieved thereby, petitioner filed W.P. No. 17634 of 2021. This Court by order dated 29.7.2021 sets aside the order of rejection on the ground that incompetent authority has taken the decision and remanded the matter to the second respondent to take a decision afresh on the application submitted by the petitioner for renewal of registration. Pursuant to the directions of this Court, by order dated 16.8.2021 second respondent rejected the application of the petitioner. The renewal application is rejected on the ground that C.C. No. 1542 of 2018 on the file of the III ACMM Court, Hyderabad is pending. The said rejection order is under challenge in this writ petition.

4.1 According to learned counsel for petitioner, the order is ex-facie illegal, the decision is arbitrarily made, contrary to settled principle of law. Rule 8 of Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 (for short the Rules, 1996) envisages ‘Renewal of registration’. Sub Rule 3 of Rule 8 mandates opportunity of hearing before the application for renewal is rejected. That being so, no opportunity of hearing was afforded to the petitioner offending the statutory mandate and on that ground alone, the order is liable to be set aside.

4.2. Learned counsel for petitioner further contended that even though petitioner has remedy of appeal, since the decision is in violation of Rule 8(3) of the Rules, 1996, petitioner need not be compelled to avail the remedy of appeal. The decision is ex-facie illegal and not exhausting the remedy of appeal is not fatal to maintainability of the writ petition. He further submits that not availing the remedy of appeal is not a bar for this Court to entertain the writ petition and test the validity of impugned order in the teeth of Rule 8(3) of the Rules, 1996. He further submits that on account of the rejection of the renewal, grave injustice is caused to the petitioner and entire functioning of the hospital is paralyzed. The scanning machine is essential to assess the health and growth of the foetus in the womb of a mother and it is causing great hardship to the hospital in treating the in-patients.

5. Learned Assistant Government Pleader submitted that since petitioner is facing trial in a criminal case, the registration cannot be renewed.

6. Advancement in Science and Technology in medical diagnostics is helping in extending better health care and better mana