The Centre was today directed by the Delhi High Court to file without fail a reply by September 23 to a plea of Indian Medical Association (IMA) against a notification that made it mandatory for sonologists to undergo additional training to run ultrasound clinics.
A bench of Chief Justice G Rohini and Justice R S Endlaw had suggested to the Ministry of Health and Family Welfare not to take more time in responding to the petition of IMA.
The counsel for IMA opposed the Centre's request and said they should not be given more time as the court had asked them to submit their response without fail by today.
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However, the IMA said if the court wanted to give more time to the Centre, it should be the last opportunity.
To which, the bench said "we are here to deal with the issue" and directed the ministry to file their response by September 23.
The IMA has moved the court challenging a notification issued by the Health Ministry on January 9 which specifies that any sonologist, who who has been conducting ultrasound procedures, will be required to qualify a competency-based assessment to renew his registration.
A sonologist or imaging specialist is a person who possesses any one of the medical qualifications recognized under the Indian Medical Council Act, 1956 or who possesses a post-graduate qualification in ultrasonography or imaging techniques or radiology.
Under the Pre Conception and Pre Natal Diagnostic Techniques (Prohibition of Sex selection) (PCPNDT) Act, 1994, all persons who have a MBBS degree under the MCI Act could be sonologists.
The petition, filed through lawyer Nitesh Jain, alleged the notification was in violation of Section 32 of the PCPNDT Act of 1974, as amended by the Ministry of Health, as it contains an additional requirement of one-year experience or 6 months training.
The petition has alleged the requirement of six-month training is merely a repetition provided in the curriculum of MBBS and it is "unreasonable and arbitrary" to ask for a competency assessment.
"The government by way of prescribing the said PCPNDT Rules 2014 have acted beyond its powers conferred by the Act and hence, the notification prescribing the PCPNDT Rules 2014 deserves to be quashed on this ground alone," the petition said.
