HC stays Hry order barring docs' foreign travel over poor sex ratio
Chandigarh, Dec. 9 -- The Punjab and Haryana high court (HC) has stayed the July 2025 communication of the state government as per which Haryana Civil Medical Services (HCMS) officers were barred from travelling abroad if sex ratio is reported poor in their area of jurisdiction.
The communication in question was sent by the health department's additional chief secretary to the health director.
As per the plea, operational guidelines issued by the Union ministry of women and child development under the Beti Bachao Beti Padhao (BBBP) programme recognises improvement of sex ratio as a multi-sectoral, district-driven indicator involving coordinated efforts of the district administration, police, women and child development, health department, education department, panchayati raj institutions and community bodies.
Under the PC-PNDT Act, the statutory responsibility for enforcement lies with the district appropriate authority, headed by the civil surgeon. A medical officer posted at a primary health centre (PHC) has no statutory role or independent authority to conduct PC-PNDT raids, suspend ultrasound registrations, prosecute offenders or enforce demographic targets, the plea mentioned. Thus, fastening exclusive responsibility for sex-ratio outcomes on the petitioner, who is only the second medical officer at the PHC working as per instructions of the medical officer-incharge, amounts to "imposing vicarious liability for systemic outcomes, which is legally impermissible", the petition argues. The order was passed by the bench of justice Sandeep Moudgil on a petition from a doctor, Tarun Singla, who had challenged his suspension order and disciplinary proceedings under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 2016 on the ground of lack of improvement in the sex ratio in the areas falling under the control of his community health centre (CHC).
He had also challenged the July 2025 communication on foreign travel and had submitted that foreign travel has no nexus with the objective sought to be achieved and that the condition imposed is unduly harsh, particularly when the petitioner was never assigned any duties of the PC-PNDT Act).
The court also stayed his suspension order besides seeking government's response April 22, 2026....
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