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2023 Supreme(Mad) 1794
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
Tamil Nadu Ayush Sonologist Association, Rep. by its President, Dr. C. Ramesh Kumar, Chennai – Appellant
Versus
Union of India, Rep. by its Secretary, Ministry of Health & Family Welfare Department, Nirman Bhavan, C-Wing, New Delhi & Others – Respondents
W.P. Nos. 33547 to 33549 of 2017 & W.M.P. No. 37068 of 2017
Decided On : 26-05-2023
For the Petitioner:Nalini Chidambaram Senior Counsel, C. Uma, Advocate. For the Respondents:R1 & R6, S.S. Pajani Radja Senior Panel Counsel, R2, R3, R4, R5 & R7, T. Arunkumar, Additional Government Pleader, R9, K. Vellaya Raj For M/s. V.K. Raj Law Chambers, Advocates, R8, No Appearance.
Specialized qualifications under the Central Act and Rules are necessary to carry out diagnostic procedures and ultrasonogram on pregnant women.
Headnote:
Doctors - Diagnostic Procedures - Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 - Section 20(3), Rules 1996 - The court dismissed the writ petitions seeking declaration that doctors holding certain degrees and certificate course in ultrasonogram are fully qualified to carry out diagnostic procedures and ultrasonogram on pregnant women. The court held that specialized qualifications under the Central Act and Rules are necessary to carry out such procedures.
Fact of the Case:
The Tamil Nadu Ayush Sonologist Association filed writ petitions seeking declaration that doctors holding specific degrees and certificate course in ultrasonogram are fully qualified to carry out diagnostic procedures and ultrasonogram on pregnant women.
Finding of the Court:
The court dismissed the writ petitions, stating that specialized qualifications under the Central Act and Rules are necessary to carry out diagnostic procedures and ultrasonogram on pregnant women.
Issues: Whether doctors holding specific degrees are qualified to carry out diagnostic procedures and ultrasonogram on pregnant women. Whether the members of the petitioner's Association are qualified under the provisions of the Statutes and Rules in force.
Ratio Decidendi: Specialized qualifications under the Central Act and Rules are necessary to carry out diagnostic procedures and ultrasonogram on pregnant women. Mere general study as prescribed in the syllabus for diagnostic procedures cannot be considered as a prescribed qualification within the meaning of the Central Act and Rules.
Final Decision: The court dismissed all three writ petitions, stating that the petitioner's Association did not establish acceptable grounds for the relief sought.
JUDGMENT
(Prayer in W.P.No.33547 of 2017: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring that doctors holding degrees BHMS, BUMS, BAMS, BSMS, and BNYS degrees obtained from recognised institutions and who have undergone certificate course in ultrasonogram are fully qualified to carry out various diagnostic procedure and ultrasonogram / Ultrasound technique on pregnant women as long as they do not undertake sex selection before or after conception which is prohibited under the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 and misuse the pre-natal diagnostic techniques for sex determination leading to female foeticide.
W.P.No.33548 of 2017: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring that doctors who have undergone BHMS, BUMS, BAMS, BSMS, and BNYS courses in recognized institutions in the State of Tamil Nadu and certificate course in ultrasonogram are eligible to sign the Ultrasound diagnostice reports under Form F of the Pre-conception and Pre-Natal Diagnostic Test / Procedure by Genetic Clinic / Ultra Sound clinic / Image Centre.
W.P.No.33549 of 2017: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the Appropriate Authority constituted under the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (Act 57 of 1994 as amended by Act 14 of 2003) from exercising power under Section 20 (3) of Act 57 of 1994 and suspending the registration of any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinics and hospitals for permitting doctors who have undergone BHMS, BUMS, BAMS, BSMS, BNYS courses in recognized institutions in the state of Tamil Nadu and Certificate Course in ultrasonogram to do ultrasonogram on pregnant women without misusing the Pre-natal diagnostic techniques for sex determination leading to female foeticide which is prohibited under the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.)
Common Order:
1. Since the issues raised in all the three writ petitions are interconnected, these writ petitions are heard together and hence a common order has been passed.
2. W.P.No.33547 of 2017: The relief sought for in the writ petition is for a declaration to declare that doctors holding degrees BHMS, BUMS, BAMS, BSMS, and BNYS degrees obtained from recognised institutions and who have undergone certificate course in ultrasonogram are fully qualified to carry out various diagnostic procedure and ultrasonogram / Ultrasound technique on pregnant women as long as they do not undertake sex selection before or after conception which is prohibited under the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 and misuse the pre-natal diagnostic techniques for sex determination leading to female foeticide.
2.1 W.P.No.33548 of 2017: The relief sought for in the writ petition is to declare that doctors who have undergone BHMS, BUMS, BAMS, BSMS, and BNYS courses in recognized institutions in the State of Tamil Nadu and certificate course in ultrasonogram are eligible to sign the Ultrasound diagnostic reports under Form F of the Pre-conception and Pre-Natal Diagnostic Test / Procedure by Genetic Clinic / Ultra Sound clinic / Image Centre.
2.2. W.P.No.33549 of 2017: The relief sought for in the writ petition is to forbear the Appropriate Authority constituted under the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (Act 57 of 1994 as amended by Act 14 of 2003) from exercising power under Section 20 (3) of Act 57 of 1994 and suspending the registration of any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinics and hospitals for permitting doctors who have undergone BHMS, BUMS, BAMS, BSMS, BNYS courses in recognized institutions in the state
