The Bombay High Court on Friday stayed a rule introduced in the Pre-conception and pre-natal diagnostic techniques (PCPNDT) Act,1994 that limits practice of a radiologist to not more than two clinics in a district.
Chief Justice Mohit Shah and Justice N M Jamdar said they failed to understand the rationale behind the rule introduced in the legislation by the Centre in June and implemented by the state government from July 1.
The court was hearing a petition filed by Mahim-based Radiologist Rajeev Zavkar. He contended that he had been running a clinic since 2002 and had also been practicing in three others. Arguing that the amendment to the PCPNDT Act seeks a “retrospective curb on his right to practice his profession,” Zavkar had stated that the amendment defies the scope and the ambit of the parent Act.
Urging the court to strike down the new provision in the Act,Zavkar contended that in a case of emergency in which a radiologist may need to urgently carry out a sonography,he cannot be expected to refuse to perform his duty because he is already registered in two other clinics. The petition seeks the quashing of the rule limiting a radiologist’s practice to two clinics,stating it is not founded on sound reasoning and interferes with the professional duties of doctors. State government counsel G W Mattos,however,opposed the petition and argued that the government had introduced the rule in order to curtail malpractice in sonography clinics.
However,granting an interim stay on the rule,the court asked the Central and the state governments to file a reply to the petition by August 27.