NOTICE ISSUED TO HEALTH MINISTRY WITH REGARD TO UNQUALIFIED PERSONAL

NOTICE ISSUED TO HEALTH MINISTRY concerning UNQUALIFIED PERSONAL

17^TH DECEMBER 2020

The Delhi High Court has issued a notice on 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.

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.

The Petitioner contended that 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.

It was further contended that the rule is not only violative of the fundamental rights of pathologists but also puts the public at large at serious risk of having fatal consequences,