Latest Legal Status of CBAT under PCPNDT Act (Updated on 10th
May 2016)
Judgement of Hon’ble Delhi high court on 17th Feb.
2016 has declared Rule 3(3)(1)(b) of the PNDT rules as ultra vires (Done beyond one’s power: In this case
central government).
It means that an MBBS doctor can perform ultrasound without
any further degree or competency test.
More over competency based assessment test under PCPND act
has been quashed.
Legal experts of PCPNDT act infer that the decision will be binding
to every state government and no state government can make CBAT compulsory for Sonologists
to continue their registration beyond December 2016. However, if any party (Government of India
or IRIA) appeals to Hon’ble Supreme court and a stay order is given by the apex
court the then law will be considered existing till next judgement. If there is
no judgement given till Dec 2016 Sonologists will have to appear in CBAT and
clear it to continue their registration irrespective of the fact what will be
the future judgement by the apex court.
The present status is that IRIA has moved to Supreme Court. In
the last hearing the Apex court has not given stay order as all parties were
not present.
The Court has ordered the case to be started fresh after giving
notices to all concerned groups.
Almost all states are preparing to conduct the examination.
Syllabus has been framed and question paper is being set.
However nowhere date of examination has been announced. Perhaps state governments are waiting for
response of the apex court. If stay order is granted or Delhi High court order is
reversed they will conduct the examination.
If Delhi High court order is retained this test will be quashed forever.
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