Court Rules No Legal Barrier for Government Doctors to Practice in Multiple Districts under PC & PNDT Rules
In a landmark judgment, the Orissa High Court has permitted Jagabandhu Barik, an Assistant Professor in the Department of Radio-Diagnosis at V.S.S. Institute of Medical Sciences and Research, Burla, to conduct ultrasonography in two clinics located in different districts. The court ruled that there is no express prohibition under Rule 3(3) of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996, preventing medical practitioners from practicing in clinics across district boundaries, provided they have the necessary approvals.
The case arose when Barik, who had received a "No Objection Certificate" from his employer, VIMSAR, to perform ultrasound procedures at Rajaram Health Care in Attabira, Bargarh district, was prohibited by the Chief District Medical and Public Health Officer, Bargarh. The prohibition was based on an interpretation of Rule 3(3) of the PC & PNDT Rules, which was deemed unsustainable by the court.
Justice B.P. Routray, presiding over the case, highlighted that the rule in question does not explicitly restrict a medical practitioner from registering with clinics in different districts. The court emphasized that the rule simply limits registration to a maximum of two clinics within a single district but does not preclude such practice in multiple districts.
The court further noted that the objection raised by the District Advisory Committee of Bargarh was based on a misinterpretation of the rule. Since the petitioner had the necessary permission from VIMSAR, the court found no justification for the committee's decision. The judgment underlined that the lack of express prohibition in the rules supports the allowance for a medical practitioner to work across district lines.
The ruling mandates the District Advisory Committee of Bargarh to grant the required permission to Barik, allowing him to conduct ultrasonography at Rajaram Health Care, unless any other legal impediments are present. This decision marks a significant clarification in the interpretation of the PC & PNDT Rules, potentially impacting numerous government-employed medical practitioners across the country.
Bottom Line :
A Government-employed medical practitioner can conduct ultrasonography in two clinics located in two different districts if permitted by his employer, as there is no express prohibition under Rule 3(3) of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996.
Statutory provision(s):
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996, Rule 3(3)
Jagabandhu Barik v. State of Odisha, (Orissa) : Law Finder Doc id # 2964558
