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 regulations.

ORDER :

VINIT KUMAR MATHUR, J.

1. Heard learned counsel for the parties.

2. The present writ petition has been filed with the following prayers:

“It is therefore, most respectfully and humbly prayed that this Hon’ble Court be pleased to call for the entire record relating to the case and after perusing the same:-

I. By an appropriate writ, order or directions the respondent may kindly be directed to accept the application form and thereafter, grant approval to the petitioner instate for undertaking Diploma in Medical Laboratory Technician Course with 50 seats, in academic session 2024-25, with all consequential benefits.”

3. Learned counsel for the petitioner instead of joining the issues on merits, restricts his prayer only to the extent that the application of the petitioner for opening/establishing of the new college is not being considered by the respondent No.2, therefore, a direction may be issued to the respondent No.2 to consider the application of the petitioner for opening/establishing of new College to undertake different courses in the Healthcare Profession.

4. Learned counsel for the respondent No.2 submits that although the National Commission for Allied and Healthcare Profession Act, 2021 (hereinafter referred to as the ‘Act of 2021’) has come into force with effect from 25.05.2021, however, the regulations for the functioning of the State Council under Section 40 of the Act of 2021 have not been framed. Therefore, the respondent No.2 is not in a position to decide the application of the petitioner, if submitted. Learned counsel further submits that an order has been passed by the Secretary, the National Commission for Allied and Healthcare Professions (NCAHP) on 07.12.2024, wherein, certain directions have been issued for strict compliance by all the State Councils and, therefore, the respondent No.2 is not in a position to consider the applications for establishing of new Colleges. He further submits that as per Section 65 of the Act of 2021, the rule making power is with the Central Government and, therefore, the State Councils are having no authority to proceed in the matter.

5. I have considered the submissions made at the Bar and have gone through the relevant records of the case including the order dated 07.12.2024 passed by the Secretary, NCAHP.

6. As per the submissions made before this Court, the argument of learned counsel for the petitioner is only to the extent that the respondent No.2 cannot refuse to consider the application preferred for establishing of new colleges as Section 40 of the Act of 2021 mandates the State Councils to consider the application preferred by the prospective candidates for establishing of new colleges. Counsel for the petitioner has further argued that since the Council is already in existence in the State of Rajasthan, therefore, as per the mandate of Section 40, the application is required to be considered by the respondent No.2. It is not the case of the petitioner that on filing of the application, the same is required to be allowed only.

7. In view of the discussions made above, the present writ petition is disposed of with a direction to the respondent No2 to consider the application for opening/establishing new College, if preferred by the petitioner, and decide the same expeditiously, preferably within a period of eight weeks from the date of receipt of such application, strictly in accordance with law by passing a speaking order. It is also made clear that if the respondents are having any difficulty for considering the application preferred by the petitioner then too, they are at liberty to pass appropriate speaking order, strictly in accordance with law.

8. Needless to say, for the purpose of deciding such applications, the respondent No.2 may seek the guidance/instructions from the competent authorities. It is further ordered that the respondent No.2 will be free to consider the application as per the provisions of the Act of 2021.

9. Stay petition and other pending applic