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2023 Supreme(All) 755

SURYA PRAKASH KESARWANI, JAYANT BANERJI
Paramedical Council Of India – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Abhay Raj Yadav
For the Respondent: A.S.G.I., Anurag Sharma

JUDGMENT :

1. Heard Shri Abhay Raj Yadav, learned counsel for the petitioner and Shri Anurag Sharma, learned Central Government Standing Counsel.

2. The petitioner has filed the present writ petition for a direction to the respondent to permit the petitioner to function as Paramedical Council to grant recognition and to register the Institutions, imparting education in the field of Paramedical Courses until the formation of any Regulatory Body for Paramedicals by the respondents and not to interfere in peaceful functioning of the petitioner in imparting the paramedical education and training.

3. A perusal of this writ petition reveals that the petitioner is infact seeking legitimacy to exercise a function that is within the domain of the legislative power of the Parliament exerciseable under the Union List of the Seventh Schedule of the Constitution of India.

4. The learned Central Government Standing Counsel has placed before us a copy of the Gazette notification of the National Commission for Allied and Healthcare Professions Act, 2021[Act]. Sections 2(d) and 2(j) of the Act define “allied health professional” and “healthcare professional” respectively as follows:-

    “(d) "allied health

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