Dr. Vandana Sir Kanungo vs Public Health And Family Welfare Department

By this petition filed under section 226 of the constitution of India, the petitioner has prayed for following relief:-

(i). To, allow the writ petition.

(ii). To quash the order dated 01.02.2018 passed by the respondent No.3.

(iii). To direct the respondent No.3 to grant the sanction/permission to the petitioner for operating the Sonogrpahy machine and to register the name of the petitioner in relation operating of the sonography machine.

(iv). To, issue an appropriate writ, direction or order, as this Hon'ble court things fit & proper seeing the facts and circumstances of the case.

(2). The facts of the case are that the petitioner is working as medical officer since 08.10.1987 and from last three years, she is giving service at District Hospital Khargone on the post of Gynecologist. The husband of the petitioner was also E.N.T. specialist and he retired from the service after attaining the age of superannuation in the year 2016. The chief Medical and Health Officer Khargone, issued the certificate of registration to the husband of the petitioner for the purposes of registration of Genetics Counseling Center/Genetic Laboratory/Genetic clinic. Department of Radio Diagnosis issued the certificate certifying that the husband of the petitioner has completed his observer ship in ultra sonography. After the retirement her husband, vacated the government quarter and presently residing at personal residence and the petitioner is also residing alongwith her husband. Upon the application submitted by the petitioner on 29.08.2006, the respondents granted permission for doing Sonography and the husband of the petitioner after taking approval from the competent authority is operating the sonography machine at his private residence. On 09.01.2015 the petitioner has submitted an application for registration of Sonography under P.C.P.N.D.T.,Act and prayed to do Sonography at the Sonography Center of her husband. However, by virtue of the order dated 01.02.2018 passed by respondent No.4 her application has been rejected on the ground that vide order No.1983 dated 07.08.2013, Public Health and Family Welfare Department of Madhya Pradesh, Government Doctors are redistricted to operate the business/ Nursing Home/ Private hospital at their residence.

(3). Learned counsel for the petitioner has submitted that the order dated 07.08.2013 passed by the State Government has challenged by some doctors before the Principal Seat of this Court, where the court directed not to take any coercive action against the doctors in pursuance to the order no dated 07.08.2013. On 07.02.2017, the respondent issued an order, wherein it is mentioned that the High Court has not quashed the order dated 07.08.2013 but passed the interim order in the matter so the doctors who are seeking the permission to carry the operation of machine U.S.G. / other machine shall not be granted.

(4). It is further submitted that petitioner is residing with her husband at personal residence and her husband is also in the medical profession and he has already taken approval from the competent authority for operating the sonography machine at his private resident, therefore, the order dated 01.02.2018 passed by the respondent No.3 through which her application dated 16.11.2017 has been dismissed is bad in law, therefore, it is prayed that the aforesaid order be quashed and respondent be directed to grant permission for operating the sonography machine and to register the name of the petitioner in relation to operating the sonography machine.

(5). Learned counsel for the respondent has opposed the prayer made by the petitioner by contending that the petitioner is working as Government Gynecologist at District Hospital Khargone, therefore, according to the order No.1983 dated 07.08.2013 issued by Public Health and Family Welfare Department the State Government of Madhya Pradesh, she cannot permitted to operate the business of sonography center at her residence. Although the said order was challenged before the Principal Seat of this Court in the writ petition however, the aforesaid order has not yet been quashed by the high Court. The operation of the order has been stayed by the High Court with regards to those doctors who has challenged the validity of the aforesaid order. Therefore, the said order dated 07.08.2013 is in existence and looking to the aforesaid, the respondent No.3 has rightly rejected the application of the petitioner for permission to operate the sonography center at her residence.

(6). I have heard the learned counsel for the parties and perused the record.

(7). It is not disputed that the petitioner is working gynologinst and presently posted at District Hospital Khargone. The petitioner applied and prayed to get permission to do sonography at her residence, however, the same was declined in light of the order No.1983 dated 07.08.2013 issued by Public Health and Family Welfare Department, Government of Madhya Pradesh by which the Government Doctors are redistricted to operate the business/ Nursing Home/ Private hospital at their residence. Although the aforesaid order of the Government of Madhya Pradesh has been challenged by some doctors before this Court and an interim order has been passed in favour of those docotors who challenged the validity of the order of the Government, however, the impugned order has not been quashed by this Court, therefore, the aforesaid order is still is in existence, and virtue of that order the respondent No.3 has rejected the prayer of the petitioner for permitting her to do sonography at her residence. Therefore, this court find no illegality in the aforesaid order.

(8). On due consideration of the aforesaid, this court is of the view that the petitioner is not entitled for the aforesaid relief, thus, petition filed by the petitioner has no merit and is accordingly, dismissed.

No costs.