Karnataka HC pulls up health department for shutting diagnostic lab for pregnancies over delayed renewal of registration

The tribunal passed the bid successful transportation with the lawsuit of the closure of a backstage diagnostic clinic, Sree Venkateshwara Clinical Laboratory, for its nonaccomplishment to renew its registration successful which its proprietor B Gopalakrishna and a doc Somu Elangovan were booked nether the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.

The session started with a certificate of registration valid for 5 years from October 30, 2017, to October 26, 2022. The owners filed for renewal a period up of the registration’s expiry connected September 26, 2022, but the exertion remained successful limbo for 2 years. In February 2024, the District Health and Family Welfare serviceman conducted an inspection and hunt of the session and seized 1 ultrasound instrumentality and subsequently a lawsuit was registered nether the PNDT Act which was taken cognizance of by a metropolis tribunal successful July.

In its order, the Karnataka High Court questioned the authorities wellness department’s nonaccomplishment to renew the registration of the session erstwhile an exertion was filed successful 2022 and ordered that wellness authorities indispensable dispose of applications wrong a period of them being accepted. “The Competent Authority sleeps implicit the record for 2 years. For the folly of the Competent Authority who had displayed a lackadaisical cognition oregon sheer callousness, the petitioners are made to endure with an allegation that the session is moving without registration,” said Justice M Nagaprasanna.

“Therefore, it becomes indispensable for the Competent Authorities to dispose of the exertion filed seeking renewal of registration wrong a tenable time. Reasonable time, successful the sentiment of the Court, would beryllium 1 period from the day of receipt of the exertion failing which, non-renewal of registration of immoderate session cannot go an offence against those clinics if the clinics/laboratories person submitted their exertion wrong clip with each indispensable documents,” said Justice Nagaprasanna.

“In the event, that the officers bash not dispose of the exertion wrong 1 month, they shall incur the wrath of facing disciplinary proceedings for dereliction of duty, arsenic callousness of those officers volition pb to unnecessary registration of transgression cases against the laboratories,” Justice Nagaprasanna observed.

The PNDT Act has been enacted to cheque the signifier of enactment enactment earlier oregon aft conception and for the regularisation of pre-natal diagnostic techniques to forestall pistillate foeticide.

The High Court besides called for the Karnataka authorities to follow guidelines issued by the Centre to modulate clinics. “Leaving loopholes successful instrumentality would lone signifier a protective veneer to the violators of the law, if any. The loopholes should not blur the intent down the enactment and the rigour of provisions of the Act,” the tribunal said.

The Karnataka High Court quashed the lawsuit against the Sree Venkateshwara Clinical Laboratory and its officials. “The responsive is directed to see and dispose of the exertion of the petitioners dated 26-09-2022 for renewal of the certificate of registration of their objective laboratory wrong a play of 1 period from the day of receipt of a transcript of this order,” the HC ruled.