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Supreme Court of India 2018-03-14 partly_allowed

Union of India vs Indian Radiological and Imaging Association and Ors. etc. etc

Bench: 3 — Sanjay Kumar, Alok Aradhe, <UNKNOWN>

In Brief

The Supreme Court granted interim relief by staying the Delhi High Court's judgment striking down the six-month training rules for practitioners operating ultrasound and pre-natal diagnostic equipment under the PCPNDT Act. The Court found that Parliament's delegation of rule-making power to the Central Government to prescribe "minimum qualifications" implicitly includes power to mandate training, particularly where such training furthers the Act's purpose of preventing female foeticide. The Court directed that its prior directions in Voluntary Health Association v. Union of India must be strictly enforced unimpeded by any contrary High Court order, pending final resolution of the appeal.</summary_100> </invoke>

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