- (1.) BY the Court.-We have heard Shri Shahroze Khan for the petitioner. Learned Standing Counsel appears for the respondents.
(2.) DR. Anil Kumar Mishra, the petitioner in Writ Petition No. 57791 of 2008; DR. Dinesh Chand Pandey, the petitioner in Writ Petition No. 57795 of 2008 are Bachelors of Homeopathic, Medicine and Surgery and are registered with the Homeopathic Medicine Board, U.P. Lucknow vide Registration No. 25477 dated 26th April, 2002 and Registration No. 24249 dated 28th May, 1997 respectively. They are practicing homeopathy in Distt. Siddharth Nagar. DR. Faizan Ahmad, the petitioner in Writ Petition No. 57794 of 2008, is Bachelor of Unani Medicine and Surgery from Jamia Hamdard University, New Delhi and is registered with Indian Medicine Board, U.P. vide Registration No. 9016 dated 14.6.2001. He is practicing Unani Medicine at Siddharth Nagar. All the petitioners had applied for and were registered by Chief Medical Officer/Competent Authority for running ultra sound clinic under Rules 6 (2), 6 (5) and 8 (2), on Form-'B' of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Rules, 1996 (in short PNDT Rules, 1996), made by Central Government under Section 32 of the Pre- Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (in short PC and PNDT Act, 1994). The registration certificates issued by the Chief Medical Officer, Siddharth Nagar to Dr. Anil Kumar Misra on 13.5.2002 was valid upto 12.5.2007 and was renewed for a period upto 13.5.2012. The registration certificate issued to Dr. Dinesh Chand Pandey on 12.12.2001, was valid upto 11.12.2006 and was renewed upto 12.12.2001 and the registration certificate in favour of Dr. Faizan Ahmad was issued on 15.6.2005, and was valid upto 14.6.2010. All these three registration certificates were valid for prenatal diagnostic procedures approved for non-invative tests by using ultrasound machines. On 21st August, 2008 the Chief Medical Officer, Siddharth Nagar in pursuance to the letters of the Principal Secretary, Medical and Health, Government of U.P., Lucknow dated 11.7.2008; the Chairman, State Competent Authority/Director General, U.P. Lucknow dated 5.8.2008 and of the District Magistrate dated 11.8.2008, issued notices to the petitioners, that since they are not qualified person, who can perform ultra sound tests under PC and PNDT Act, in which it is provided that only those doctors can perform ultra sound test, who are registered as medical practitioners under Section 2 (h) of the Indian Medical Council Act, 1956 (102/1956), and whose name has been entered in State Medical Register, . and possess post graduate degree in Sonography/ Image Scanning or a diploma or six month's training or one year's experience; they may show-cause within a week, whether they are qualified to be registered, failing which their registration will be cancelled.
(3.) THE petitioners in Writ Petition No. 57791 of 2008 and 57795 of 2008 submitted a reply to the effect that they hold BHMS degrees and are registered with Homeopathic Medicine Board. Dr. Anil Kumar Misra replied stating that he holds a Diploma for running ultra sound from Lumbini Diagnostic Research Centre Pvt. Ltd. Siddharth Nagar. He was given permission to operate ultra sound centre by issuing registration certificate under PC and PNDT Act, 1994 valid upto 12.5.2007, and renewed upto 12.5.2012. He is qualified and eligible to run the ultra sound centres. Dr. Dinesh Chand Pandey in Writ Petition No. 57795 of 2008 stated in his reply that he holds BHMS degree with registration with Homeopathic Medicine Board. He has taken training of running ultra sound in Shubham Scanning Centre, Gorakhpur. He was issued certificate of registration on 12.12.2001, which was valid upto 12.12.2006, and was renewed upto 12.12.2011. He claimed to be qualified to run the ultra sound centre. In respect of Faizan Ahmad no reply was given. All the three petitioners in the three writ petitions allege that since they have qualifications to practice as medical doctors under the U.P. Homeopathic Medical Council Act and Indian Medicine Central Council Act, 1971 and that since all the three are registered with the U.P. Homeopathic Medical Council in respect of Dr. Anil Kumar Mishra and Dr. Dinesh Chand Pandey and under the Indian Medical Board U.P. in respect of Dr. Faizan Ahmad, they are qualified and eligible under the PC and PNDT Act, 1994, and PNDT Act, 1996 to run their clinics and perform ultrasound tests. Pre-natal diagnostic techniques include pre-natal diagnostic tests and prenatal diagnostic procedures. Procedures are defined as all gynaecological or obstetrical or medical procedures such as ultrasonography, foetoscopy, taking or removing samples of amniotic fluid, chorionic villi, embryo blood or any other tissue or fluid of a man, or of a woman, before or after conception, for being sent to a Genetic Laboratory or Genetic Clinic for conducting any type of analysis or pre-natal diagnostic tests for selection of sex before or after conception. Tests are defined as ultrasonography or any test or analysis of amniotic fluid, chorionic villi, blood or any tissue or fluid of a pregnant woman or conceptus conducted to detect genetic or metabolic disorders or chromosomal abnormalities or congenital anomalies or haemoglobinopathies or sex linked disease, "sex-section" includes any procedure, technique, test or administration or prescription or provision of anything for the purpose of ensuring or increasing the probability that an embryo will be of a particular sex. After the enforcement of PC and PNDT Act, 1994 no Genetic Counselling Centre, Genetic Laboratory or Genetic Centre can conduct or associate with, or hold and conduct activities relating to pre-natal diagnostic techniques, which is not registered. A person, who does not possess the qualification prescribed under Rule 3 of the PNDT Rules, 1996 cannot be employed or be taken in services, whether on an honorary basis or on payment. Section 3 of the PC and PNDT Act, 1994 prescribes that no qualified person shall conduct or cause any pre-natal diagnostice technique, to be conducted in any place other than a place registered under this Act. Section 2 (c) to (p) define genetic counselling centre; genetic clinic; genetic laboratory; gynecologist, paediatrician; pre-natal diagnostic procedures; pre-natal diagnostic techniques; pre-natal diagnostic test; registered medical practitioner; sex selection and sonologist or imaging specialist. Section 2 (c), (d), (e), (f), (h), (j), (k), (m), (o) and (p) are quoted as below: "(c) "Genetic Counselling Centre" means an institute, hospital, nursing home or any place, by whatever name called, which provides for genetic counselling to patients; (d) "Genetic Clinic" means a clinic, institute, hospital, nursing home or any place, by whatever name called, which is sued for conducting pre-natal diagnostic procedures; (e) "Genetic Laboratory" means a laboratory and includes a place where facilities are provided for conducting analysis or tests of samples received from Genetic Clinic for pre-natal diagnostic test; (f) "gynecologist" means a person who possesses a post-graduate qualification in gynecology and obstetrics; (h) "paediatrician" means a person who possesses a post-graduate qualification in paediatrics; (j) "pre-natal diagnostic techniques" includes all pre-natal diagnostic procedures and pre-natal diagnostic tests; (k) "pre-natal diagnostic test" means ultrasonography or any test or analysis of amniotic fluid, chorionic villi, blood or any tissue or fluid of a pregnant woman or conceptus conducted to detect genetic or metabolic disorders or chromosomal abnormalities or congenital anomalies or haemoglobinopathies or sex linked diseases; (m) "registered medical practitioners" means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of Section 2 of the Indian Medical Council Act, 1956 (102 of 1956), and whose name has been entered in a State Medical Register; (o) "sex selection" includes any procedure, technique, test or administration or prescription or provision of anything for the purpose of ensuring or increasing the probability that an embryo will be of a particular sex; (p) "sonologist or imaging specialist" means a person who possesses any one of the medical qualification recognised under the Indian Medical Council Act, 1956 (102 of 1956) or who possesses a post-graduate qualification in ultrasonography or imaging techniques or radiology." ;