High Court of Delhi issues notice to Health Ministry in a writ petition on amending Rules, 2020, of the Clinical Establishment Act, 2010
A Bench of Delhi High Court comprising Prateek Jalan and Chief Justice DN Patel of issued notice on 17th December 2020 to Health Ministry after it received a writ petition filed against the amendments made in the Rules, 2020, of the Clinical Establishment Act, 2010 Bench
Dr.Rohit Jain filed a writ petition before the High court of Delhi praying a direction to declare the Clinical Establishment (Central Government) Amendment Rules, 2020, of the Clinical Establishment Act, 2010 ultra-vires.These amended Rules allow Masters of Science or Ph.D. degree holders working at diagnostic laboratories as technicians, to sign and authenticate medical reports without the counter signature of a qualified MBBS or MD in Pathology . Every test report is a medical report requiring application of mind/interpretation/diagnosis at the first instance,Hence less than MMBS or MD qualification ,none should be allowed to sign the reports.
Arguments by the petitioner are-
- According to Section 15(2) of the Indian Medical Council Act, 1956, only a registered medical practitioner can practice modern medicine, and that a medical laboratory report can only be countersigned by a registered medical practitioner with a post graduate qualification in pathologyThe qualifications of MSc or PhD are unregulated and cannot be equated with MBBS or MD in Pathology
- It is also pointed out that Supreme Court also in its 2017 judgment expressed the same views that according to Section 15(2) of the Indian Medical Council Act, 1956 only a registered medical practitioner can practice modern medicine, and that a medical laboratory report can only be countersigned by a registered medical practitioner with a post graduate qualification in pathology.
Ref. High Court of Delhi
17th December 2020