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2023 Supreme(Mad) 1794

S. M. SUBRAMANIAM
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 – Respondent


Advocates appeared:
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.

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 clin

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