Punjab and Haryana High court declares PNDT training rules as ultra-vires

August 19, 2016 04:11 PM

Punjab News Express
CHANDIGARH: Punjab and Haryana High'>court has declared PNDT'>training'>rules as'>'>vires while deciding CWP 13979 of 2014 in consonance with Delhi HC verdict dated 17/02/2016 on the same issue. Supreme Court had already refused grant of stay in the SLP filed by union of India on 25.07.2016.

According to Dr Amandeep Aggarwal, Member, Action committee cum legal Cell, IMA-Punjab and Member Sonologist Society of India, the Punjab and Haryana High Court has given its verdict on August 1,2016, the copy which is made available now.

He said that Delhi High'>court in its landmark verdict dated February 17, 2016 had termed the new PNDT'>training'>rules framed by Union of India as'>'>vires. The HC had clearly observed that'>ultrasound'>training or competency exam had nothing to do with sex determination which was clearly a morality based issue. PNDT act being a central act and union of India being a party in this petition, the judgment had a pan-India application. Union of India had filed SLP before Supreme'>court and prayed for staying the execution of Delhi HC verdict.

Union of India on 25.07.2016 failed to get a stay on operation of Delhi HC verdict in the matter titled as "Union of India versus Indian Radiological and Imaging & Others", bearing no. SLP No. 16657-166659/2016 despite requests from government's counsels.

On 22/07/2016 Jharkhand HC while listening to petition no WP (C) 3858 of 2016 stayed the implementation of PNDT'>training'>rules while clearly stating that when SC had refused to stay implementation of Delhi HC verdict declaring the'>training'>rules as'>'>vires, it was unconstitutional on the part of government to put hindrance to the implementation of Delhi HC judgment. Earlier High'>courts of Himachal Pradesh, Maharashtra, Karnataka too have also delivered similar verdicts. Medical Council of India in an affidavit before Himachal Pradesh High'>court had clearly stated that government of India could not coin a new specialization without nod from MCI and MCI didn't endorse the new'>training'>rules.

"Sonologists over the whole country are happy over the fact that now state governments will have to implement verdicts of 3 High Courts and no state will be legally able to conduct any competency based examination of existing Sonologists and Sonologists shall continue their work beyond 31.12.2016" said Dr Amandeep Aggarwal. He further said that in the absence of stay by SC non-implementation of HC orders to Union of India by any state will be contemptuous. He further said while'>health is a state subject; PNDT act is not a state act. Dr J S Randhawa, President, Sonological Society of India said that judgement has brought happiness to common man also who will not have to face hardships and pay more because of scarcity of Sonologists that would have been there had the HC not scrapped the new PNDT'>rules.

With three'>high'>courts separately declaring the PNDT'>training'>rules as'>'>vires and MCI too endorsing the verdict, we are confident of final victory in SC based on principle

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