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A division bench of Chief Justice DN Patel and Justice Prateek Jalan sought the response of the Union of India via the Ministry of Health and Family Welfare, National Medical Commission and slated the matter for additional listening to on January 19, 2021.
The plea, filed by Dr Rohit Jain via advocate Mrinmoi Chatterjee, stated the notification is illegitimate, arbitrary, unconstitutional and extremely vires of the father or mother act itself.
Advocate Ok Parmeshwar, showing for the petitioner, argued that the impugned notification has been issued with out following due means of legislation as prescribed beneath the Clinical Establishments (Registration and Regulation) Act, 2010.
He submitted that as per Clinical Establishments Act, 2010, it’s mandated beneath Section 7 that any willpower of minimal requirements for scientific institutions has to be undertaken by the National Council for Clinical Establishments, which is a 20 member committee via a consultative course of. “However, no member of the said committee attended the meeting held on January 14, 2020, and no consultative process was followed. The said National Council has not conducted a meeting since July 13, 2018,” Parmeshwar argued.
The plea stated by means of the CEA Rules, 2020, the Centre has allowed unregistered and unqualified non-medical persons like MSc and PhD holders to signal medical reports, issued by primary, medium and superior diagnostic laboratories, which it stated is opposite to authorized provisions and settled legislation on this difficulty.
“Pathology is the medical specialty 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,” the plea stated.
It stated as per the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002 beneath Clause 1.1.three it’s offered that “no person other than a doctor having qualification recognized by the Medical Council of India and 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 final type of Modern Medicine and the stated rules made it clear that an individual not certified by the MCI or SMC can not apply trendy drugs,” the plea stated.
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