Madras High Court Issues Notice On Appeal Seeking Permission For AYUSH Doctors To Perform Ultrasound Techniques On Pregnant Women

The Madras High Court on Thursday issued notices to the Central and State Governments in an appeal filed by the Tamil Nadu Ayush Sonologist Association challenging a single judge order dismissing their plea seeking permission to perform Ultra Sonogram and other Ultrasound techniques on pregnant women.

The bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu issued notice to the Union Ministry of Health and Family Welfare, Ministry of AYUSH, Central Council of Indian Medicine, Director of Medical and Rural Health Services and the Tamil Nadu Board of Indian Medicine returnable by September 25.

On May 26, a single judge ruled that only a doctor having specialised qualifications as specified under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 can perform Ultra Sonogram and other Ultra sound techniques on pregnant women. The court had noted that for carrying out the diagnostic procedures and Ultra Sonogram/Ultrasound techniques, the Pre-Conception and Pre-Natal Diagnostic Techniques Act will prevail over the Tamil Nadu Clinical Establishments Act.

The single judge had further said that as per the Central Act, qualified Doctors, who possess specialized qualifications are alone eligible to carry out diagnostic procedures and Ultra Sonogram/Ultrasound techniques on pregnant women. The court noted that the Rules under the Central Act also provide for specialized six-month 'level one course on Fundamentals in Abdomino Pelvic Ultrasonography' for all MBBS doctors. The court had ruled that mere prescription of a general subject in the course is insufficient and cannot be construed as satisfying the minimum requirements. 

The Association had contended that the Ayush doctors, who are its members, have undergone a certificate course in Ultra Sonogram. It was also submitted that these techniques are also included in the syllabus prescribed for their main degree. Relying on the Tamil Nadu Clinical Establishment (Regulation) Rules, the association had argued that AYUSH Doctors are qualified to practice and carry out various diagnostic procedures and Ultra Sonogram/Ultrasound techniques.

Case Title: Tamil Nadu Ayush Sonologist Association v Union of India and others

Case No: WA 1780 of 2023