Statutory authorities must observe the principles of natural justice before issuing orders that restrict professional practice. An administrative decision to bar a professional from using equipment cannot be sustained without first providing the affected individual a show-cause notice and a fair opportunity to be heard.

JUDGMENT :

1. RULE returnable forthwith. Ms. RV Acharya, learned counsel waives service of notice of rule on behalf of the respondent no.1 and Mr. Vaibhav Sharma, learned AGP waives service of notice of rule on behalf of the respondent no.2. With the consent of the learned counsel for the respective parties, the present petition is taken up for final hearing today.

2. This petition under Article 226 of the Constitution of India is filed by the petitioner being aggrieved and dissatisfied by the impugned order passed by the respondent no.1 dated 04.04.2022.

3. The brief facts as stated by the petitioner germane for the adjudication for the present petition are stated thus:

3.1 The petitioner is a qualified Gynecologist Doctor, having passed her M.S. (Gynec.) degree in the year 2012 and obtained registration with the Maharashtra Medical Council, Mumbai. The petitioner initially joined with the Charkop Maternity Hospital, Kandivali, Mumbai, and thereafter, she shifted to Gujarat, got her registration with the Gujarat Medical Council, and thereafter, she worked with the Government Hospital, CHC, Kuvadava, District: Rajkot, for about 6 months and thereafter, with the Welcare Hospital, Ankleshwar, District: Bharuch, for the period of 2 years, and thereafter, with the Lotus Hospital, Rajkot, since March-2016 to January-2017 and thereafter, she joined with the Syeda Itrat Fatema Hospital and Diagnostic Center wherein she worked for the period since 18.04.2017 to 31.01.2021. That, she once again joined with the very same hospital Syeda Itrat Fatema Hospital and Diagnostic Center vide appointment letter dated 14.03.2022.

3.2. It is stated that the Taluka Health Officer of Kotda Sangani Taluka being an appropriate authority under the PC and PNDT Act visited the Shivalay Hospital at Shapar (Veraval) on 24.05.2018 and during the course of his visit, the officer found certain irregularities and defects in the maintenance of certain registers and some paper works necessary under the PC & PNDT Act. A complaint came to be lodged against the Director of Shivalaya Hospital Pvt. Ltd. (Dr. Nilesh Bhimajiyani) as also against Dr. Twinkle Narsingani the present petitioner and Dr. Jimit Chhatrala for the alleged offence under the PC & PNDT Act and Rules farmed there-under by instituting Criminal Case No. 542 of 2018 before the Court of Judicial Magistrate First Class of Kotda-Sangani, Dist.: Rajkot. The said complaint is pending in the concerned Court and has not progressed further in constant absence of the competent authority. It is stated that the petitioner vacated her position as visiting Gynecologist in Shivalaya Hospital, Shapar (Veraval) and is no more working with the said organization and has joined, Sayed Itrat Fatema Hospital and Diagnostic Centre, Sedrana, Tal. Siddhpur, Dist. Patan which is also having Sonography machine which is valid and legal with registration No. PTM/GC/84, since the year 2016 (before the joining of the petitioner with the said hospital).

3.3. Pursuant to the said renewal application forwarded to the respondent authority, the concerned authority while renewing the registration / license of Sonography machine at Lotus Hospital, by the impugned letter dated 04/04/2022 informed the management of the Hospital and specifically directed not to permit the petitioner to operate the Sonography machine since the Criminal Case No. 542 of 2018 under PC & PNDT Act is pending against the petitioner.

4. Being aggrieved and dissatisfied with the above communication dated 0