Gujarat High Court Allows Gynecologist to Use Sonography Machine Amid Pending Case
HC allows gynec booked under PCPNDT to use sonography machine
The Times Of IndiaImage: The Times Of India
The Gujarat High Court has permitted Dr. Twinkle Narsingani, a gynecologist accused under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, to operate a sonography machine. The court found that the government had imposed the restriction without proper notice or due process.
- 01Gujarat High Court quashed a government order restricting Dr. Twinkle Narsingani from using a sonography machine.
- 02The restriction was based on a pending case under the Pre-Conception and Pre-Natal Diagnostic Techniques Act since 2018.
- 03The court emphasized the lack of notice and hearing before the restriction was imposed.
- 04Dr. Narsingani's role as a visiting doctor was highlighted in her defense.
- 05The matter has been remanded for fresh consideration by the competent authority.
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The Gujarat High Court has overturned a government order that barred Dr. Twinkle Narsingani, a qualified gynecologist, from operating a sonography machine due to a pending criminal case under the Pre-Conception and Pre-Natal Diagnostic Techniques Act (PC-PNDT). The case dates back to May 2018, when health authorities inspected Shivalay Hospital in Shapar, Rajkot district, and found irregularities in documentation. Following this, a complaint was filed against Dr. Narsingani and another doctor, Jimit Chhatrala. In April 2022, the chief district health officer restricted both doctors from using sonography machines while the case was pending. However, the High Court previously quashed the order against Dr. Chhatrala, allowing him to operate. Dr. Narsingani's petition was still pending until now. Her advocate argued that the complaint did not involve any sex determination tests and that sonography is crucial for gynecological practice. The court ruled that the government's action violated principles of natural justice, as Dr. Narsingani was not given notice or a hearing before the restriction. The court has now remanded the matter for reconsideration, directing the authority to make a decision within eight weeks.
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This ruling allows Dr. Narsingani to continue her practice, which is vital for her patients' gynecological care. It also emphasizes the importance of due process in administrative actions.
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