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Neutral Citation No. - 2025:AHC:29365-DB Court No. - 40 Case :- WRIT - C No. - 2868 of 2025 Petitioner :- Sarthak Kesarwani Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Sri Prakash,Sudhanshu Kumar,Swapnil Kumar Counsel for Respondent :- A.S.G.I.,C.S.C.,Saumitra Singh Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J.
1. Heard learned counsel for the parties.
2. This writ petition under Article 226 of the Constitution of India has been filed for the following reliefs :-
"A. Issue a writ order or direction in the nature of certiorari quashing the impugned notification dated 4.6.2012 G.S.R. No.418(E) issued by Ministry of Health and Family Welfare on account of ultra vires, unreasonable and unconstitutional (Annexure No.2 to this writ petition). B. Issue a writ order or direction in the nature of certiorari quashing the order dated 07.01.2025 (wrongly stated as 07.01.2024 in the order) issued by respondent No.3 (Annexure No.1 to this writ petition). C. Issue a writ order or direction in the nature of mandamus directing the respondent authorities to allow the petitioner to work as Radiologist/Doctor in more than two clinics/centres under the Pre Natal Diagnostic Techniques Regulation and Prevention of Misuse) Act, 1994."
3. It is to be noted that by the order dated March 25, 2015, a Division Bench of this Court has stayed the operation of Rule 3(3) of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 (hereinafter referred as
"Rules, 1996").
4. In light of the above, the impugned order passed on 7.1.2025 (wrongly stated as 7.1.2024 in the order) is dehors the order of the Division Bench of this Court and is accordingly quashed.
5. The reason of quashing of impugned order is that inspite of stay of Rule 3(3) of Rules, 1996, the authority concerned, without
being aware of the law, has passed the above order.
6. We make it clear that the petitioner shall be at liberty to function in accordance with law.
7. With the above direction, the writ petition is disposed of. Order Date :- 3.3.2025 P.P. (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad