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Dr.Bharatsinh vs State on 16 December, 2010

Gujarat High Court
Dr.Bharatsinh vs State on 16 December, 2010
Author: H.K.Rathod,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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SCA/3470/2010	 3/ 3	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 3470 of 2010
 

 
 
=========================================================

 

DR.BHARATSINH
C JADAV - Petitioner(s)
 

Versus
 

STATE
OF GUJARAT & 2 - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
HR PRAJAPATI for
Petitioner(s) : 1, 
MS JIRGA JHAVERI AGP  for Respondent(s) :
1, 
NOTICE SERVED BY DS for Respondent(s) : 1 -
3. 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE H.K.RATHOD
		
	

 

 
 


 

Date
: 26/10/2010 

 

 
 
ORAL
ORDER

1. Heard
learned advocate Mr.H.R.Prajapati for petitioner and learned AGP
Ms.Jirga Jhaveri for respondent No.1.

2. In
pursuance to the order passed by this Court on 3.9.2010, the
respondent Commissioner has passed an order after considering the
reply to legal notice dated 6.3.2010 and hearing dated 15.10.2010, on
22.10.2010 which is quoted as under :

No.F.P.10-11/FP-3/MTP/Dr.B.C./Dahod/2010

Commissioner
of Health, Medical Services &

ME
(HS) , Block No.5, Dr.Jivraj Mehta Bhavan

Gandhinagar,382
010, Gujarat

Date
:22/10/2010

To,

The
Bharat Singh

Mu.Po.Dhanpur,
Ta.Dhanpur

Dist.Dahod

Sub.:Reply
to your legal notice dated 6.3.2010/ and hearing 15.10.2010.

Re.:

This office even no letter dated 11.10.2010.

With
reference to your legal notice dated 6.3.2010, a hearing was fixed on
15.10.2010 and considering your written representation submitted to
this office, we have to submit that,

At
the time of inspection you were not registered under Gujarat Medical
Council Act, 1967, which is mandatory under Gujarat Medical Council
Act as without a Registration no doctor is allowed to practice in
Gujarat State.

On
preliminary inspection human foetal bones were found from the septic
tank of SAI BABA SEVA GRAM TRUST where you were practicing and your
clinic was not registered under Medical Termination Pregnancy Act
1971,

It
was further proved in FSL report and DNA testing too that you had
been performing mid trimester pregnancy terminations. After police
investigations, criminal proceedings were started against you under
the MTP Act. This matter being still sub judice, it is necessary to
keep the place in question sealed till the final out come of the
criminal case.

We
regret not to accept your request.

3. Copy
of aforesaid order dated 22.10.2010 is taken on record.

4. In
view of the aforesaid order passed by respondent State authority on
22.10.2010, let petitioner may amend the petition accordingly and
challenge the aforesaid order in present petition. Therefore, the
matter is adjourned to 26.11.2010.

(H.K.RATHOD,J.)

(vipul)

   

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