On Thursday, the High Court of Delhi issued notice to the Central Govt on a petition challenging the Clinical Establishments Amendment Rules, 2020, under which it has allowed unregistered & unqualified non-medical persons like MSc & PhD holders to certify medical diagnostic reports.
A division bench of Chief Justice DN Patel & Justice Prateek Jalan sought the response of the Union of India through the Ministry of Health & Family Welfare, National Medical Commission & slated the matter for further hearing on Jan 19, 2021.
The petition, filed by Dr Rohit Jain through Lawyer Mrinmoi Chatterjee, said the notification is illegal, arbitrary, unconstitutional & ultra vires of the parent act itself.
Advocate K Parmeshwar, appearing for the petitioner, argued that the impugned notification has been issued without following due process of law as prescribed under the Clinical Establishments (Registration & Regulation) Act, 2010.
He submitted that as per Clinical Establishments Act, 2010, it is mandated under Section 7 that any determination of minimum standards for clinical establishments has to be undertaken by the National Council for Clinical Establishments, which is a 20 member committee through a consultative process.
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Parmeshwar argued, "However, no member of the said committee attended the meeting held on Jan 14, 2020, & no consultative process was followed. The said National Council has not conducted a meeting since July 13, 2018".
The plea said by way of the CEA Rules, 2020, the Centre has allowed unregistered & unqualified non-medical persons like MSc & PhD holders to sign medical reports, issued by basic, medium & advanced diagnostic laboratories, which it said is contrary to legal provisions & settled law on this issue.
The plea stated that "Pathology is the medical specialty concerned with the study of the nature & causes of diseases & 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 & to prevent mis-diagnosis or late diagnosis".
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It said as per the Indian Medical Council (Professional Conduct, Etiquette & Ethics) Regulations 2002 under Clause 1.1.3 it is provided that "no person other than a doctor having qualification recognized by the Medical Council of India & registered with the Medical Council of India/State Medical Council(s) is allowed to practice Modern System of Medicine or Surgery."
"A person obtaining a qualification in any other system of Medicine is not allowed to practice the Modern System of Medicine in any form." Allopathy is the general form of Modern Medicine & the said regulations made it clear that a person not qualified by the MCI or SMC cannot practice modern medicine," the petition said.
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