Interim but Important "Supreme Releif" for Doctors in 6 months training for MBBS Doctors before doing ultrasound. : Adv. ROHiT ERANDE.©

Exemption from mandatory 6 months training  for MBBS Doctors for performing Ultrasound : 
 No Penal action to be taken against Doctors having minimum 15 years of Experience 

Adv. Rohit Erande,  ©

The legality of 6 months Training for MBBS Doctors for performing Ultrasound again came for their lordships of Hon. Supreme Court in a Petition filed by Dr. Anil Wasti, Dr. Manjeet Singh Chndrasen and Dr. Bhaskar Prasad. V/s. State of Chhatisgarh in SLP (Civ.) No. 3058/2020. The Bench is compromising of Hon. Shri. Sharad Bobde, the CJI, Hon. B.R. Gawai J. and Hon. Surya Kant.

Upon hearing the Ld. Sr. Council Shri. Mukul Rohotgi, their lordships have passed important interim order on 07/02/2020 as under : 

"By way of interim relief, it is directed that no penal action will be taken against a doctor who has put in practice for not less than 15 years, in case he does not take the proposed examination. It is, however, made clear that candidates are free to take the proposed examination."

The Link is given as under :

However, the earlier order passed by three judges bench of Hon. Apex Court earlier still holds the binding precedent. It was observed by  3 judges bench of Hon. Supreme Court comprising of  Hon. Dipak Misra (the then Hon.C.J.I.), Hon. D.Y. Chandrachud and Hon. A.M. Khanwilkar, JJ 

"Prima facie the judgment of the Delhi High Court has trenched upon an area of legislative policy"

Case details :
Union of India V/s. Indian Radiological and Imaging Association of India & ors. SLP. Nos. 166657-59 of 2016. Interim Order dated :14th March, 2018 

Order Link :
https://www.sci.gov.in/supremecourt/2016/20683/20683_2016_Judgement_14-Mar-2018.pdf

Aftermath of stay on Hon. Delhi High Court judgment : 

Since the effect of Delhi High Court judgment has been stayed the main effect could be summarized as under :,

a) Now Rule 3(3)(1)(b) of PCPNDT Act is in force and by virtue of aforesaid rule sonologists, imaging specialists or registered medical practitioner having six months training or one year experience in sonography or image scanning may set up ultrasound clinics or imaging centers,

c)The Rule 6 of PCPNDT Act which prescribes for Six Months Training has been restored. This rule requires six months training to register as a sonologists as well as it requires existing sonologist to qualify a competency based assessment to renew the registration & incase of failure again 6 months training to existing Sonologists.

d) If the MBBS doctors want to work as sonologist its compulsory for them to  undergo additional six months training.

Now only exception has been made to the Doctors having 15 years of Experience and no Criminal Action can be taken against them. But the question may crop up as this 15 years experience is of MBBS or Ultrasonography ?. Plus from which date 15 yrs to be counted is also a moot question.  Their lordships have used words 'a doctor who has put in practice for not less than 15 years". Thus in my humble opinion  it is related to a MBBS doctor having experience of 15 years and not ultrasound experience, as matter revolves around training of MBBS Doctors. But the second question still remains,from which date 15 yrs to be counted ? It should be 15 years from date of doctors degree or date of registration.

 Nevertheless Doctors have to wait for the final judgement to clear all the doubts. and it's unlikely that 6 months training would go, but some exceptions might be made like this interim order.


Thanks & Regards

 Adv. ROHiT ERANDE

Pune.©

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