E-Paper
Rule that curbed practice of radiologists stayed by high court
A clause in the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Rules restricting the practice of radiologists to a maximum of two centres in a district, was stayed by the Bombay high court on Friday.
A clause in the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Rules restricting the practice of radiologists to a maximum of two centres in a district, was stayed by the Bombay high court on Friday.
“We cannot understand the rationale behind this rule,” the division bench of chief justice Mohit Shah and justice Niteen Jamdar said while staying Rule 3(A), which came into force in Maharashtra on July 1, 2012.
The Centre had added the clause to the PCPNDT rules on June 5. The clause permits radiologists and sonologists to be registered at a maximum of two centres in a district. This effectively restricts their practice. The PCPNDT Act was passed in 1994 to curb the rampant sex-selective abortions in the country, which had skewed the sex ratio.
The court was hearing a petition filed by Mahim resident Dr Rajeev Zankar, who practises at four centres in the city.
The radiologist has challenged the validity of the clause contending that the amendment goes beyond the scope and ambit of the Act (1994) and does not appreciate the science of ultrasound sonography.
Dr Zankar had received a letter from the civic authority implementing the Act, intimating him about the restriction on radiologists, his counsel Deepa Chavan said.
She argued that the clause curbs the right of radiologists to practise their profession, and it had no connection to the Act's purpose of restoring balance in the sex-ratio.
The restriction would also discourage radiologists from extending their services during emergencies if they are not registered with the hospital, as flouting the rules of the PCPNDT Act was punishable, she said.
The judges clarified that radiologists can extend their services in case of an emergency, irrespective of which hospital they are registered with.
Stay updated with all the Breaking News and Latest News from Mumbai. Click here for comprehensive coverage of top Cities including Bengaluru, Delhi, Hyderabad, and more across India along with Stay informed on the latest happenings in World News.
