Diploma holders cannot treat patients: SC upholds HC ruling

The Supreme Court in India upheld a judgment of the Gauhati High Court striking down an Assam law of 2004 that allowed diploma holders to treat specified common diseases prescribe drugs and perform minor procedures in rural areas of the state. The bench of Justices Br. Gavai and B.V. Nagarathna while upholding a 2014 Gauhati High Court judgment declaring the Assam Rural Health Regulatory Authority Act 2004 “constitutionally invalid” ruled that prescription of minimum standards for higher education authorities to recognise or derecognise an institution which have exclusive legislative competence to make law lies with Parliament under Entry 66 list 1 of the Constitution and not the state legislature. The Assam Act which seeks to regulate such aspects of medical education is therefore liable to be set aside on the ground that the state legislature lacks competence to legislate with respect to the aspects enumerated above.

Diploma holders cannot treat patients: SC upholds HC ruling
The Supreme Court in India upheld a judgment of the Gauhati High Court striking down an Assam law of 2004 that allowed diploma holders to treat specified common diseases prescribe drugs and perform minor procedures in rural areas of the state. The bench of Justices Br. Gavai and B.V. Nagarathna while upholding a 2014 Gauhati High Court judgment declaring the Assam Rural Health Regulatory Authority Act 2004 “constitutionally invalid” ruled that prescription of minimum standards for higher education authorities to recognise or derecognise an institution which have exclusive legislative competence to make law lies with Parliament under Entry 66 list 1 of the Constitution and not the state legislature. The Assam Act which seeks to regulate such aspects of medical education is therefore liable to be set aside on the ground that the state legislature lacks competence to legislate with respect to the aspects enumerated above.