Patna High Court
Bihar PatnaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- A ABHISHEK REDDY
Holding
The Court directed the respondents to conduct the CBET examination within two months or, failing that, to provisionally register the qualified medical practitioners subject to later passing the test.
Summary
The Association of Sonologist of Bihar and two doctors filed a writ petition challenging a 2018 order that barred doctors who had completed six months of private ultrasound training under a radiologist from registering new ultrasound centres. They argued that Supreme Court judgments required the State to implement the PC&PNDT Rules 2014, which mandate a competency‑based evaluation test (CBET) for such practitioners, and that the authorities had failed to conduct the test, preventing qualified doctors from registration. The respondents contended that the CBET process was underway and cited recent communications and rule provisions governing six‑month training institutes. The High Court, after hearing counsel, directed the respondents to complete the CBET examination within two months, and if unable, to provisionally register the practitioners subject to them passing the test later. The order effectively granted the petitioners' relief by ordering the conduct of the CBET and ensuring registration, without quashing the original 2018 order.
Issues considered
- The legality of the 2018 order prohibiting registration of doctors with six‑month private ultrasound training.
- Whether the State has complied with Supreme Court directives to implement the PC&PNDT Rules 2014, specifically the competency‑based evaluation test (CBET).
- Whether the respondents are obligated to conduct the CBET within a reasonable time or to provisionally register qualified practitioners.
- Whether a writ of certiorari and mandamus can be issued to compel the respondents to allow establishment of new ultrasound centres.
Legislation cited
- Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
Subjects
- PC&PNDT Act
- Competency Based Evaluation Test
- Ultrasound registration
- Six months training
- Writ of certiorari
- Mandamus
- Medical regulation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18511 of 2024
======================================================
1. Association of Sonologist of Bihar Patna through its President Dr. Prabhash
Chandra Pathak situated at B/49, S.K. Puri Patna, Bihar.
2. Dr. Prabhash Chandra Pathak, Son of Dr. P. Pathak President of Association
of Sonologist of Bihar, resident of Mahavir Colony, P.O. and P.S.- Beur,
Anisabad, Patna.
3. Dr. Rajesh Kumar Sinha, Son of Late V.P. Sinha Secretary of Association of
Sonologist of Bihar, resident of Flat No.- 404, Siyason Palace, Ara Garden
Road, Near Jagdeo Path, P.O.- Bihar Veterinary College, P.S.- Rupaspur,
District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Health
Department, Government of Bihar, Patna.
2. The Director-in-Chief- cum- State Appropriate Authority, P.C. and PNDT,
Bihar, Patna.
3. The District Magistrate-cum- District Appropriate Authoriry, District- Patna.
4. The Civil Surgeon-cum- Chief Medical Officer, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashish Giri, Sr. Adv.
Mr. Sumit Kumar Jha, Adv.
Ms. Riya Giri, Adv.
Mr. Pratik Raj, Adv.
For the Respondent/s : Mr. Government Advocate 10
For the State : Mr. Rajeshwar Singh, Adv.
Mr. Jitendra Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
19 10-02-2026 Heard the learned counsel for the parties.
2. This writ petition has been filed for the following
relief(s):-
“That, this is an application praying
for issuance of a writ in the nature of writ of
certiorari for quashing of order dated
28.09.2018 issued under the signature of
Patna High Court CWJC No.18511 of 2024(19) dt.10-02-2026
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respondent No. 2, the Director in Chief-cum-
State appropriate authority P.C. & PNDT, Bihar,
Patna to the extent whereby and whereunder
direction has been issued to all Civil Surgeon,
Bihar prohibiting doctors, to be registered in
new center who are working in Ultrasound
Clinic/Centre on the basis of 6 months private
training under a Radiologist and further
issuance of a writ of mandamus for commanding
the respondents to allow the petitioners as well
as other sonologists working on the basis of
aforesaid training to establish new Ultrasound
center in their own name or allow to work/join
them in new Ultrasound center.”
3. It is the case of the petitioner that the petitioner is
an association consisting of doctors, radiologists etc.
4. Learned counsel for the petitioner submits that
pursuant to the judgment of the Hon’ble supreme Court passed
in Union of India Vs. Indian Radiological and Imaging
Association and Ors. Etc. whereby the amendments made to
The Pre-Conception and Prenatal Diagnostic Techniques
(Prohibition of Sex Selection) Rules 1994 and in Voluntary
Health Association of Punjab vs. Union of India (2013 4 SCC
1), the Hon’ble Supreme Court has directed the States to
implement Pre- conception and Prenatal Diagnostic Techniques
(Prohibition of Sex Selection) (Six months training) Rules, 2014
Patna High Court CWJC No.18511 of 2024(19) dt.10-02-2026
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forthwith whereby any Registered Medical Practitioners, who
are conducting ultrasound procedures in genetic clinic,
ultrasound clinic or Imaging center on the basis of one year or
six months training were exempted from undertaking the six
months training provided they qualify in the competency based
evaluation test (CBET) to be conducted by the respondent
authorities. That in respect of the order of the Hon’ble Supreme
Court, the authorities have not been conducting the competency
based evaluation test and therefore the qualified persons are not
being registered and are unable to work in new clinics/ scanning
centers. Learned counsel submits that unless and until a
direction is given to the respondent authority to conduct the
competency based evaluation test, the members of the
petitioner’s who are registered medical practitioners will not be
in a position to register themselves in the absence of holding the
tests and a direction may be given to register the qualified
medical practitioners subject to them passing the CBET, that the
qualified medical practitioners cannot be left without any
remedy.
5. In the supplementary counter affidavit filed by the
respondents, it is stated as under:
“16. That with regard to Competency
Based Evaluation Test (CBET), it is stated and
Patna High Court CWJC No.18511 of 2024(19) dt.10-02-2026
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submitted that the process for providing CBET
examination and training is currently underway.
In that context a review meeting was held on
05.11.2025 under the chairmanship of Secretary,
Health Department, Government of Bihar, Patna
in which the agenda of Six month
Ultrasonography training under PN & PNDT
Act was discussed in detailed and necessary
direction was issued accordingly.
18. That in reply to the Health
Departmental letter No. 1430(12) dated
07.11.2025, the Joint Secretary (RCH), Ministry
of Health and Family Welfare, Government of
India, New Delhi has issued a letter to the
Secretary, Health Department, Bihar, Patna vide
letter No. F: 12013/77/2025/PNDT dated-
15.12.2025 to the following effects:
I. As per Rule 1 1(1) of the Six
Months Training Rules 2014 under the PC &
PNDT Rules 1996 "The institutes conducting the
said six months training for registered medical
practitioners shall, appoint the Post-graduate
teachers in Radiology oг Obstetrics or
Gynecology recognized by the respective
regulatory bodies as full time faculty for the said
training programs".
II. As per Rule 7(2) The names of the
institutes recognized for this purpose shall be
notified State-wise by the State Health
Education Department:
Provided that the training
institutes recognized for imparting the six
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months training shall maintain the
standards of infrastructure, equipment
and manpower including the faculty as
per the apex regulatory bodies like
Medical Council of India the National
Board of Examination.
III. Further, the implementation of
the PC & PNDT Act lies with the respective
State Government. Therefore, it is requested to
take further course of action as per provisions of
the PC & PNDT Act 1994 & Rules 1996.
19. That it is stated and submitted
that the answering Department is actively
perusing the matter to finalize the process for
providing CBET examination and training in
accordance with law.”
6. Having regard to the above stand taken by the
authorities, this Court deem it fit to allow the present C.W.J.C.
with the following directions : 1. The respondent authorities are
directed to see that the examination contemplated under the
(CBET Examination and Training) PC & PNDT Rules, 1996 are
completed within a period of two months from the date of
receipt of the copy of this order. 2. In case the authorities are
unable to conduct the CBET examination within the stipulated
period of two months, then they shall register the Registered
Medical Practitioners so as to enable them to work in ultrasound
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scanning centre/clinic. The registration will be subject to their
appearing and clearing the CBET exam whenever it is
conducted.
(A. Abhishek Reddy , J)
Gauravkr/-
U
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