- Apprentice Lawyer
The Delhi High Court in Thursday issued notice in a petition challenging the Clinical Establishments (Central government) Amendment Rules, 2020 insofar as it allows “unregistered and unqualified non-medical” persons to sign diagnostic reports. (Dr Rohit Jain vs UOI)
Response from the Central government was sought by a Division Bench of Chief Justice DN Patel and Justice Prateek Jalan in a PIL preferred by Dr Rohit Jain.
As per the petitioner, allowing persons with M.Sc, Ph.D. degrees to sign medical diagnostic reports was illegal, arbitrary and unconstitutional.
It is contended that Rules are ultra vires the Clinical Establishments (Registration & Regulation) Act, 2010.
The petitioner points out that under the Indian Medical Council Act, 1956, only a registered medical practitioner could practice medicine and persons with M.Sc/Ph.D. qualification could not be equated with a person with MBBS/MD for the purposes of signing reports.
It is explained that every medical report required application of mind and the impugned Rules would lead to misdiagnosis or late-diagnosis, putting people at risk.
As per the petitioner, the medical reports can be signed only by a registered medical practitioner with a post-graduate qualification in PathologylMicrobiology/Biochemistry/Laboratory Medicine.
The petition was filed through Advocate Mrinmoi Chatterjee.
The matter would be heard next on January 19.