A Bench of Delhi High Court comprising Prateek Jalan and Chief Justice DN Patel of issued notice on 17^th 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-

1.      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

2.      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

 

 

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