Anushka Mansharamani
The Delhi High Court notified the Central government regarding the plea challenging the Clinical Establishments Amendment Rules, 2020.
The plea challenged the rules under which unregistered and unqualified non-medical people were certified to medical diagnostic reports.
A division bench consisting of Justice DN Patel and Justice Prateek Jalan sought a response from the Union of India via the National Medical Commission and the Ministry of Health and Family Welfare.
The matter is listed to be heard on 19th January 2021.
Advocate Mrinmoi Chatterjee, representing Dr. Rohit Jain, filed the plea and stated that the notification passed was unconstitutional, arbitrary, and illegally ultra vires to the Clinical Establishments (Registration and Regulation) Act, 2010.
Advocate K Parmeshwar, representing the petitioner, contended that there was an absence of proper procedure followed for the notification issued under the Clinical Establishments (Registration and Regulation) Act, 2010.
He further stated that as per Section 7 of the Clinical Establishments (Registration and Regulation) Act, 2010, determination of minimum standards for clinical establishments has to be undertaken by the 20 committee members of the National Council for Clinical Establishments.
He also pointed out that no members from the committee were present during the meeting on 14th January 2020.
The previous meeting held before this was on 13th July 2018.
The plea submitted that,
“Pathology is the medical speciality concerned with the study of the nature and causes of diseases and is a part of Modern Medicine. Only a pathologist can certify a medical diagnostic report after arriving at the correct prognosis based on his expertise. The role of a pathologist is crucial to early diagnosis and to prevent misdiagnosis or late diagnosis.”
It was further stated that as per Clause 1.1.3 under the Indian Medical Council Professional Conduct, Etiquette and Ethics) Regulations 2002, only a doctor having been qualified and registered by the Medical Council of India, is allowed to practice Modern System of Medicine or Surgery.
The plea also stated that any other qualification in medicine is not permitted to practice the Modern System of Medicine or Surgery.