“28. A combined reading of the definition of registered medial practitioner under Section 2 (m), with Section 3 of the PC and PNDT Act, 1994 and Rule 3 (3) of the PNDT Rules, 1996, clearly prohibits medical practitioners, except those, who are registered under Section 2 (h) of the Indian Medical Council Act, 1956 and are entered in the State Medical Register to carry out the ultrasound tests, and prohibit registration of centres, which do not have in their employment such medical practitioners. The registration of medical practitioner under Indian Medicine Council Act, 1956, and inclusion of his name in the State Medical Register is essential qualification for registration of ultrasound clinics to conduct tests, other than tests for sex determination and sex selection. The requirement of registration of genetic clinic/ultrasound clinic/imaging clinic under Rule 3 (3) of the PNDT Rules, 1996, is necessary for any person having adequate space and equipment. He must either possess himself, or employ a person, who is qualified under Rule 3 (3) of the PNDT Rules, 1996. Further even for a registered medical practitioner, the additional qualifications of possessing post graduate degree or diploma or six months training or one year's experience in Sonography or image scanning is also must for registration.”
