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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH
A.P. Majeed Khan, Chairman, Noorul Islam Educational Trust – Appellant
Versus
Kerala State Allied and Healthcare Council – Respondent
JUDGMENT :
N. NAGARESH, J.
1. The NIMS College of Developmental Therapy has been established under Noorul Islam Educational Trust. The Chairman of the Trust is the petitioner in this writ petition.
2. The College sought No Objection Certificate from the Government of Kerala to start BSc (Developmental Therapy) Course with 30 seats. The Government of Kerala, after making necessary inspections, issued order dated 21.02.2024, granting No Objection Certificate. The Kerala University of Health Sciences granted provisional affiliation on condition that the petitioner shall obtain permission from the Kerala State Allied and Healthcare Council.
3. In the meanwhile, the National Commission for Allied and Healthcare Professions issued communication dated 01.07.2024 directing Chairperson of the State Council to seek clarification from the State Council and directed the 2nd respondent to stop such courses, if found necessary, under intimation to the National Commission.
4. The College thereupon filed W.P.(C) No.45233/2024 before this Court contending that starting of BSc (Development Therapy) Course will not in any manner affect the students of other disciplines and since the Government has granted
The court upheld the rejection of the course proposal as it did not comply with recognized categories established under the National Commission for Allied and Healthcare Professions Act, 2021.
The State Council must consider applications for establishing new colleges as mandated by Section 40 of the National Commission for Allied and Healthcare Profession Act, 2021, even without regulation....
Existing educational institutions cannot be prohibited from expanding courses or intake without prior functional regulations by the State Council, as per Section 40 of the Act.
The State Council must consider applications for establishing new colleges as mandated by Section 40 of the National Commission for Allied and Healthcare Profession Act, 2021.
Educational institutions can continue to operate and expand programs in the absence of established regulatory frameworks under relevant legislation until such regulations are in place.
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