Delhi HC directs petitioner to implead aggregators/corporate entities in a plea over blatant violation of Indian Medical Council Regulations, 2002
The court was hearing a petition filed by the Association of Practising Pathologists seeking directions for blatant violations of the Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002, by corporate entities/online aggregators in the field of lab services who are engaging in various malpractices and the aggressive solicitation/full-page advertisements, in violation of various rules and guidelines governing medical practitioners.
The Delhi High Court on Friday directed the impleadment of Online Aggregators/Corporate entities as respondents in a plea seeking directions over blatant violation of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 by medical practitioners.
The court was hearing a plea filed by an Association of Practising Pathologists seeking directions for blatant violation of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, by corporate entities/online aggregators in the field of lab services who are indulging in various malpractices and the aggressive solicitation/ full-page advertisements, etc., in violation of various rules and guidelines governing medical practitioners.
Justice Yashwant Varma directed the counsel appearing for the petitioner Association to implead the online aggregators/ corporate entities as respondents against whom action for violation of the statutory guidelines is sought for openly soliciting, advertising for lab tests, etc., within three weeks. Accordingly, listed the matter for December 10, 2022.
During the hearing, Advocate Neeraj Grover appearing for the petitioner association contended that the medical profession as well as the laboratories are highly regulated professions.
The plea seeks actions against misleading and bait advertisements, offering ridiculous discounts, sending unsolicited bulk SMSs, and misusing social media platforms such as mobile apps, Twitter, Facebook, and Instagram, among others; Print and electronic media for enticing, making unsolicited calls for Medical laboratory tests by Corporate entities/Offline and Online Health service aggregators in flagrant violation of prescribed Rules, Regulations and Guidelines.
It also states that the Corporate entities/online aggregators are evading GST by claiming to be registered clinical establishments, causing “unwarranted and irreparable harm” to innocent patients on a daily basis by unwarranted soliciting, thereby violating Article 21 of the Indian Constitution.
“Torpid inaction over a period of time has destroyed the dignity and honor of the medical profession which is being invaded & compromised by these unscrupulous practices leading to loss of business/reputation of the bonafide pathologists thereby violating fundamental rights of the members of the Petitioner Association guaranteed by the Constitution of India under Article 14 and loss of revenue to the state and central governments,” the plea read.
Case Title: Association of Practising Pathologists (Regd.) v. Union of India & Ors.