CHENNAI: ONCE a High Court strikes down the provisions of a Central Act, the same cannot be selectively applied in other States. Thus there is no question of applicability of the provisions struck down by the High Court as of now until and unless the Supreme Court sets aside the judgment or stays the operation of the judgment, the first Bench of the Madras High Court has asserted.
The Bench of Chief Justice SK Kaul and Justice R Mahadevan was on Wednesday disposing of a PIL from Dr T Rajakumari and three other doctors seeking to declare the Pre-conception and Pre-natal Diagnostic Techniques (Six months training) Rules, 2014 as beyond the scope of the Act 57 of 1995 and inconsistent with the Medical Council of India Act and Regulations.
The Bench said the Delhi High Court by an order dated February 17. 2016 had declared certain provisions of the Central Act, including sec. 3(3)(1)(b), as ultra vires the PNDT Act to the extent it required a person desirous of setting up a genetic clinic/ultrasound clinic/imaging centre to undergo six months training. The matter was now pending before the Supreme Court.
“In view of this, it is accepted that the law would be finally laid down by the Supreme Court and thus, there is no point in keeping this PIL pending and whatever the declaration of law by the Supreme Court would be equally applied. The only question is what would happen till the Supreme Court examines the issue. If the Apex Court had stayed or would stay the operation of the Delhi High Court judgment, then only the provisions struck down by the Delhi High Court, will come into operation,” the Bench said and disposed of the PIL.