The Delhi High Court has issued notice on a public interest litigation seeking a direction to declare the Clinical Establishment (Central Government) Amendment Rules, 2020 illegal, unconstitutional and ultra-vires of the Clinical Establishment Act, 2010.
A division bench of Chief Justice D.N. Patel and Justice Prateek Jalan issued notice while hearing the petition through video conferencing and has sought response from the Ministry of Health and Family Welfare and the National Medical Commission.
The petition, filed by Dr Rohit Jain, alleged that the notification has been finalized and notified in an utmost arbitrary manner without following the due process of law as prescribed under Section 7 of the Clinical Establishment Act, 2010.
The petition stated that the rules now allow unregistered and unqualified Masters of Science or Ph.D. holders working at diagnostic laboratories only in the capacity of technicians to sign and authenticate medical reports without the countersignature of a qualified pathologist.
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“The rule is not only violative of the fundamental rights of pathologists but also puts public at large at serious risk of mis-diagnosis or late-diagnosis having fatal consequences,”
-the plea said. The bench has listed the matter for further hearing on January 19.