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.

Order :

 I.A. No.01/2024:

1. Heard on the application for impleadment of Rajasthan State Allied and Healthcare Council through its Secretary and the Chairperson, Rajasthan State Allied and Healthcare Council as party respondents.

2. The application is not being opposed by the learned counsel for the respondents.

3. For the reasons mentioned in the application, the same is allowed. ‘The Rajasthan State Allied and Healthcare Council through it Secretary’ and the ‘Chairperson, Rajasthan State Allied and Healthcare Council’ are ordered to be impleaded as party respondent Nos.4 & 5.

4. The amended cause title already filed, is taken on record.

S.B. Civil Writ Petition No.15347/2024:

1. Heard learned counsel for the parties.

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

“(a) That the respondent may be directed to allow the petitioner institution to undertake four course namely Diploma in Medical Laboratory Technology Course, Diploma in Radiation Technology Course, by issuance of NOC for academic session 2024-25 onwards.

(b) That the respondent may further be directed to inspect the petitioner institution for establishing four courses namely Diploma in Medical Laboratory Technology Course, Diploma in Radiation Course, for the academic session 2024-25 onwards.

(c) That the respondent council may further be directed to include the name of the petitioner institution for grant of admission in four course namely Diploma in Medical Laboratory Technology Course, Diploma in Radiation Course, in the list of eligible institution and the process of counseling in academic session 2024-25 onwards.

(c) That the respondent council may further be directed to include the name of the petitioner institution for grant of admission in four course namely Diploma in Medical Laboratory Technology Course, Diploma in Radiation Course, in the list of eligible institution and the process of counseling in academic session 2024-25 onwards.

(d) The respondent authorities may further be directed to accept the annual affiliation/recognition and other fees of the petitioner institution”

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 Nos.4 & 5, therefore, a direction may be issued to the respondent Nos.4 & 5 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 Nos.4 & 5 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 Nos.4 & 5 are 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.4 & 5 are 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