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Supreme Court rules pre-natal tests can only be conducted by PG in imaging tech

Team SoOLEGAL 15 Mar 2018 3:17pm

Supreme Court rules pre-natal tests can only be conducted by PG in imaging tech

New Delhi: A SC  bench led by Chief Justice stayed Delhi High Court order by which Delhi High Court had quashed the Centre's order prescribing post graduation in ultrasonography or imaging techniques as minimum qualification for any body performing pre-natal tests.

The HC had ruled that Section 2(p) of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, defining a sonologist or imaging specialist as a person possessing postgraduate qualification in ultra-sonography or imaging techniques, was bad in law because there was no such qualification recognised by MCI and the Act did not empower the statutory bodies to devise and coin new qualification.

The SC  bench that by constitution Parliament had conferred rule-making authority upon the Centre to specify minimum qualification for persons to be employed for conducting the tests and the HC was not right in interpreting the law.

“Parliament which has the unquestioned authority and legislative competence to frame the law considered it necessary to empower the Central government to frame rules to govern the qualifications of persons employed in genetic counselling centres, laboratories and clinics. The wisdom of the legislature in adopting the policy cannot be substituted by the court in the exercise of the power of judicial review,” the bench said.

The ruling can however lead to shortage of trained manpower for conducting pre-natal tests.



Tagged: SC   Delhi High Court   Pre-Natal tests   Pasrliament   Centre  
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