MP HC Gives Go-Ahead For Conducting Competency-Based Evaluation Test Under Prohibition Of Sex Selection (Six Months Training) Rules

The Indore bench of the Madhya Pradesh High Court has directed the Public Health and Family Welfare authorities to conduct the Competency Based Evaluation test in confirmation with the Pre-Conception and Pre-Natal Diagnostic Techniques Rules, 2014. It is made clear that this examination will not come in the way of the members of petitioner No.1/society working as Sonologists.” In the present petition, the petitioner had challenged the legality and constitutional validity of Rule 3 of the Pre-Conception and Pre-Natal Diagnostic Techniques Rules, 1996 and Rule 6 and Rule 9 of the Pre-Conception and Pre-Natal Diagnostic Techniques Rules, 2014. Rule 9 of 2014 Rules had stated that the criteria has to be made prospective and says that these Rules shall come into force with immediate effect in case of new registrations, but later on, in the Rules existing, registered medical practitioners were also included for the purposes of six months training and passing of competency based examination from any Government Medical College before 1 January, 2017, otherwise the registration will not be renewed. Thus, the counsel for the petitioners prayed that the interest of members of petitioner No.1 society should be protected by observing that the impugned Rule 3 of Rules of 1996 and Rules 6 & 9 of the Rules of 2014 shall not come in the their way during the pendency of the petitions and simultaneously, the respondents may be directed to conduct the examination Competency Based Evaluation test in confirmation with the Pre-Conception and Pre-Natal Diagnostic Techniques Rules, 2014.