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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SURESH KUMAR, SHAMIM AHMED
Union of India, Ministry of Health and Family Welfare, The National Commission for Allied and Healthcare Profession – Appellant
Versus
Rengaswamy Educational Trust, Rep by its Administrative Officer – Respondent
| Table of Content |
|---|
| 1. constitution of commission and council under act (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. no new institutions or courses without consent (Para 7 , 8 , 9 , 10) |
| 3. challenges to the embargo on new courses (Para 12 , 13 , 14) |
| 4. educational institutions' rights to operate (Para 15 , 16 , 17 , 18) |
| 5. court's authority to quash impugned orders (Para 19 , 20) |
| 6. functionality and regulation of education (Para 22 , 23 , 24 , 25) |
| 7. state council's functions and limitations (Para 26 , 27) |
| 8. the strict need for regulatory compliance (Para 28 , 30 , 31) |
| 9. need for interim arrangements during transition (Para 33) |
| 10. doctrine of necessity for existing institutions (Para 34 , 35 , 36) |
| 11. balancing powers and institutional needs (Para 37 , 38 , 39) |
| 12. differentiation from precedent case law (Para 40 , 41 , 42) |
| 13. conclusion and directives for compliance (Para 43 , 44 , 46 , 47) |
JUDGMENT :
These Intra Court Appeals have arisen out of a common impugned order dated 16.09.2025, made in W.P.Nos.28894, 32292 & 32789 of 2025. Infact, along with these writ petitions, some other writ petitions have also been heard and disposed of by the said common impugned order.
3. That the writ petitioners are the Ed
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.
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.
(1) No person is entitled to establish a medical college except with previous permission of Central Government.(2) In order to be eligible for grant of permission for undertaking admissions in a part....
As per Clause 3 of the Scheme, which deals with qualifying criteria, the medical college/institution shall qualify to apply for increasing the number of admission in MBBS/PG Diploma/Degree/Higher Spe....
The State lacks competence to impose a ban on NOCs for educational institutes via executive order, which violates fundamental rights under Articles 14 and 19(1)(g) of the Constitution.
State-imposed conditions for educational affiliation that contradict AICTE approval undermine institutional autonomy and are unconstitutional.
Opening of new Pharmacy Colleges – Merely because an institution has a right to establish an educational institution does not mean that such an application has to be allowed – In a particular area, i....
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