Indian Radiological And Imaging Association Karnataka State Chapter vs. Union Of INDIA
Held
The High Court declined to entertain the writ petition. The Court noted that the cause of action for the present petition and the cases pending before the Supreme Court is identical, stemming from the amendment to Rule 3(3) of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2012. Since a plethora of cases related to this amendment have already been transferred to and are pending consideration before the Apex Court, the High Court deemed it inappropriate to proceed with the current petition. The Court reserved liberty for the petitioners to avail of such remedies as are available in law, in light of its observations. The operative direction was to dispose of the writ petition.
Facts
The petitioners, Indian Radiological and Imaging Association, Karnataka State Chapter, and its office bearers, challenged Rule 3(3) of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Rules, 2012, inserted by notification dated 04.06.2012. They also sought to quash a communication dated 12.09.2023 issued by the State Competent Authority. A previous writ petition filed by the petitioners concerning the same amendment was dismissed for non-prosecution, and they are in the process of filing a recalling application. Several other State Chapters of the Association had filed similar petitions before various High Courts, which were transferred to the Supreme Court in T.C.(C) No. 137/2013 and other related cases.
Key Issues
1. Whether the High Court should entertain a writ petition when similar matters concerning the same amendment to Rule 3(3) of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2012, are pending before the Supreme Court. The petitioners argued that their petition should be heard, especially as they are in the process of filing a recalling application for a previously dismissed writ petition. The revenue or State did not record any specific arguments in the judgment. The core issue revolves around the pendency of related cases before the Apex Court and the implications for the current High Court proceedings.
Sections Cited
Rule 3(3)
AI-generated summary — verify with the full judgment below
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NC: 2023:KHC:44627 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 22207 OF 2023 (GM-RES)
BETWEEN:
INDIAN RADIOLOGICAL AND IMAGING ASSOCIATION KARNATAKA STATE CHAPTER A SOCIETY REGISTERED UNDER PROVISIONS, KARNATAKA CO-OPERATIVE SOCIETY ACT 1960, PRESENT ADDRESS AT NO.378, 13TH CROSS, PALACE ORCHARD, SADASHIVNAGAR, BENGALURU-560080. REP BY ITS AUTHORISED TREASURER SRI VIJAYASARADHI A, S/O LATE A K RAMACHANDRAIAH.
SIR VIJAYASARADHI A S/O LATE A K RAMACHANDRIAH, AGED ABOUT 39 YEARS, R/AT NO.76, LAKSHMI NILAYA, BHEI, OFFICERS COLONY, 25TH MAIN ROAD, NANDHINI LAYOUT, BENGALURU-560096
DR NARESH NIKHIL B L S/O DR LAKSHMIPATHY BABU, AGED ABOUT 37 YEARS, R/AT NO.242, 1ST CROSS, 2ND BLOCK, 3RD STAGE, BANASHANKARI BENGALURU-560086 PADMAVATHI B K Location: HIGH COURT OF KARNATAKA NC: 2023:KHC:44627
DR ROOPA H N D/O NAGARAJ H T, AGED ABOUT 44 YEARS, R/AT NO.88, 2ND MAIN, 4TH PHASE
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