Rajni Mahla W/o Shri Babu Lal v. State of Rajasthan through Principal Secretary, Medical Education
2016-11-22
MOHAMMAD RAFIQ
body2016
DigiLaw.ai
ORDER : Mohammad Rafiq, J. This writ petition has been filed by petitioner Dr. Rajni Mahla challenging the order dated 27.10.2015 (Annexure-10) passed by respondent no.4, by which application filed by petitioner for renewal of registration of sonography machine, in terms of Section 18 (1) (A) of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, was declined on the premise that the State has filed S.B. Criminal Appeal No. 595/2015 against her acquittal of charge for offence under Section 23 of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994. 2. Learned senior counsel for the petitioner has referred the judgment dated 31.08.2016 of a Coordinate Bench of this Court, which is on record of the writ petition, whereby the appeal filed by the State has been dismissed. 3. Although, learned counsel for the respondents opposed the writ petition but in view of the fact that the very foundation of the order dated 27.10.2015 (Annexure-10) ceases to exist with the appeal preferred by the State having been dismissed, the impugned order cannot be sustained. 4. Accordingly, the writ petition is allowed. The impugned order dated 27.10.2015 (Annexure-10) is set aside. The matter is remanded back to respondent no.4 - the Appropriate Authority (PCPNDT) Sub Division Kuchaman City & Block Chief Medical & Health Officer (Health), Nagaur, who shall consider the case of the petitioner afresh for renewal of registration of sonography machine within a period of one month from the date a copy of this order is produced before him. This also disposes of stay application. Petition allowed.