VidhiSangh

Supreme Court of India · 14/03/2018

UNION OF INDIA versus INDIAN RADIOLOGICAL AND IMAGING ASSOCIATION AND ORS. ETC. ETC.

[2018] 3 S.C.R. 649 · 2018 INSC 236

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Summary

In an interim order, the Supreme Court stayed the Delhi High Court judgment concerning PCPNDT ultrasound training qualifications. Prima facie, the Central Government’s authority to prescribe minimum qualifications included power to require training directed to the statute’s preventive purpose. The High Court ruling conflicted with the Supreme Court’s earlier implementation directions. Those directions were to be strictly enforced by all States and Union Territories during the pending proceedings. Final validity of the challenged provisions was not decided.

Issues

  1. Whether an interim stay was warranted against the High Court judgment restricting the training regime.
  2. Whether statutory qualification-setting power prima facie included training requirements.

Provisions considered

Held

Result

Interlocutory applications disposed of. Delhi High Court judgment stayed pending final disposal; earlier Supreme Court implementation directions to be strictly enforced by States and Union Territories.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 649.