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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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