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Affidavit of service is taken up on record. None appears on behalf of the State‐respondents despite service by email upon office of the learned Legal Remembrancer and the learned Government Pleader.
In view of the urgency, the matter is taken up virtually. The application being C.A.N. 4972 of 2020 is disposed of.
The petitioner has filed this writ petition challenging the provisions of Section 2(p) of the Pre‐conception and Pre‐natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 as also Rule 3(3)(1) of the Rules. The petitioner has also sought for a mandamus for setting aside and withdrawing the information booklet containing the Regulation for admission to six months training course on the 'Fundamentals in Abdomino‐Pelvic Ultra Sonography : Level one for MBBS Doctors' under PC & PNDT Rules, 2014, amendment in 2020 in West Bengal. The petitioners are students who are pursuing MBBS in Radio Diagnosis. It is a 3‐years Post‐Graduate course specialised course for doctors after having passed the MBBS course. The petitioners submit that their opportunity to practise in their area of specialization after obtaining a 3‐years Master degree would be curtailed if such certificates/training courses are allowed. Thus, they plead that they are affected parties.
It is the submission of Mr. Bose, learned Advocate appearing on behalf of the petitioners that the Department of Health and Family Welfare, Government of West Bengal, without obtaining permission from the Board of Governors under Section 10A of the Indian Medical Council Act, 1956 has started the training course under the provisions of the PC & PNDT Rule, 2014, amended in 2020.
Mr. Dastoor, learned Additional Solicitor General, appearing on behalf of the Union of India submits that the Central Government has not accorded permission for such a course. According to Mr. Dastoor, if the candidates are admitted and the course begins but ultimately the writ petition succeeds, then the students will be prejudiced.
Mr. Roy, learned Advocate appearing on behalf of the Medical Council of India submits that under Section 10A(b)(i) provides that no new course of study or training could be opened without permission from the Board of Governors.
Both the learned Advocates appearing for the Union of India and the Board of Governors have submitted that they have not permitted any such training under PC & PMDT Rule.
Heard the parties.
As the Indian Medical Council Act, 1956 is a complete law with regard to courses, i.e., degree, diploma certificate and training in the medical education, by invocation of power under the PC & PNDT Rule which is a specific act with regard to norms to be followed in case of determination of pregnancy and pregnancy related issues the State Government could not have started a training course of this nature. Moreover, Radiology is a vast subject and highly technical. Whether a certificate course of this nature could be equated with a M.D. degree needs consideration. Although some students may have been admitted but classes have not started. Continuation of this course would cause more inconvenience and prejudice to the students if the writ petition succeeds. The State Government is directed to keep the admission fees so far collected from the candidates who have applied for the course in a separate bank account.
List this matter on September 1, 2020 as an urgent matter at the top. Point of maintainability kept open.
Mr. Jishnu Chowdhury, learned Additional Government Pleader is requested by this Court to appear in this matter and to take instruction in this matter on behalf of the State‐respondent.
The State‐respondents are restrained from starting the course within the next 7 days. Liberty to pray for vacating or variation of the order.
An insertion should be given in two local newspapers by the petitioners about this writ petition within Sunday, August 30, 2020, so that interested students/parties may be heard on the next date.