HC dismisses petition seeking AYUSH doctors to perform diagnostics on pregnant women
The case was heard before a vacation court of Justice SM Subramaniam.
CHENNAI: The Madras High Court has dismissed the petition seeking permission to the AYUSH doctors with ultrasonogram certificate to carry out diagnostic procedure on pregnant women. The court said that the petitioner has not established any acceptable ground for the purpose of granting the relief sought for.
The case was heard before a vacation court of Justice SM Subramaniam. The petitioner C Ramesh, represented Tamil Nadu Ayush sonologist association, demanded to declare the Ayush doctors with ultrasonogram certificate to carry out various diagnostic procedure and ultrasonogram / ultrasound technique on pregnant women as long as they do not undertake sex selection before or after conception which is prohibited under the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.
The senior counsel Nalini Chidambaram who appeared on behalf of the petitioner said that as per the Tamil Nadu Clinical Establishments (Regulations) Rules 2018, unambiguously and explicitly provides that the AYUSH Doctors are qualified to practice and carry out various diagnostic procedures and Ultra Sonogram/Ultrasound techniques.
In counter, the additional government pleader said that the petitioner counsel has misconstrued and wrongly interpreted the Tamil Nadu Clinical Establishments (Regulations) Rules, 2018. Further, the qualified Doctors must possess the qualification as stipulated under the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, which is a Central Act. Therefore, the petitioner's Association cannot say that their members are eligible and qualified to practice diagnostic procedures and Ultra sonogram/ultrasound techniques, noted the additional government pleader.