Court directs inquiry into PCPNDT Act license validity and closure of unlicensed diagnostic centres.

Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the 1st,2nd and 3rd Respondents to take Legal action against the 5th to 8th Respondents and every other person, in charge of and responsible for the conduct of the business of the 5th Respondents, for contravention of the provisions of Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)Act 1994,and further direct the 1st to 4th Respondents to take disciplinary action against 6th to 12th Respondents for commission of professional misconduct and for performing ultrasound procedures and such other medical test and techniques in contravention of the provisions of Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)Act,1994,in accordance with the Medical council regulations and applicable laws.

For Petitioner(s): Mrs.Inthu Karunakaran For Respondent(s): Mr.K.Tippu sulthan GA RR1 to 3 Mr.U.Bharanidharan, SGP R4 Mr.M.Vijayan for M/s.Kings and Partridge RR5 to 12

ORDER

The writ petition has been filed seeking a direction to the 1st,2nd and 3rd Respondents to take Legal action against the 5th to 8th Respondents and every other person, in charge of and responsible for the conduct of the business of the 5th Respondents, for contravention of the provisions of Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)Act 1994,and further direct the 1st to 4th Respondents to take disciplinary action against 6th to 12th Respondents for commission of professional misconduct and for performing ultrasound procedures and such other medical test and techniques in contravention of the provisions of Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)Act,1994,in accordance with the Medical council regulations and applicable laws.

2. It is the case of the petitioner that the petitioner company was started by one Ratna Priya at Thoraipakkam, Chennai in the year 2016. As the 5^th to 8^th respondents misused the petitioner’s license in violation of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994 (PCPNDT Act) and Rules, for which, the petitioner filed a writ petition before this Court in W.P.No.23023 of 2023 to restrain the 5^th and 9^th respondents from misusing the petitioner’s license and to initiate penal action against the 5^th and 9^th respondents for unlawfully performing Pre-Natal Diagnostic Techniques without possessing valid license. This Court vide order dated 29.07.2025, directed the respondents 2 & 3 to enquire as to whether the respondents 5 and 9 are running the diagnostic centres at Thoraipakkam, Kottivakkam and Kelambakkam with proper license and whether the license issued to the petitioner is misused by the 5^th and 9^th respondents to run the said diagnostic centres. Pursuant to the said order, the second respondent conducted inspection and detailed enquiry. Based on which, a preliminary report dated 13.01.2026 has been filed, which clearly established that the petitioner’s license is wilfully misused by the 5^th respondent and ultrasound procedures are conducted by the Doctors, who does not have valid endorsement under the PCPNDT Act. Further, the second respondent has filed a final report on 20.03.2026 wherein it is stated that the 5^th respondent is unlawfully utilized the petitioner’s license. Hence, the petitioner made a representation on 27.03.2026 to the 4^th respondent to take appropriate action against the respondents 5 to 12 without valid endorsement under PCPNDT Act and the same is not considered. Hence, the petitioner has filed the present writ petition.

3. The learned counsel for the petitioner submitted that this Court may direct the official respond