The court mandates timely constitution of health councils under statutory provisions to ensure compliance with regulatory frameworks.

JUDGMENT

Heard Sri Nitin Sharma, learned counsel for the petitioner; Sri Ambrish Shukla, learned Additional Chief Standing Counsel for the State respondent nos.1 to 4 and Sri Gaurav Kumar Chand, learned counsel for the respondent no.6.

2. By means of present writ petition, the petitioner has sought following reliefs:-

"i. Issue a writ, order or direction in the nature of mandamus directing the respondent no.4 to register the diploma holders qualified from the petitioner institute namely Dev Allied Health Institute, village Sihipur, Post Muradganj, District Jaunpur as Allied & Healthcare Professionals in State Allied & Healthcare Professionals Register.

ii. Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to ensure the formation and functioning of Uttar Pradesh State Allied and Healthcare Council in terms of the notification dated 29.10.2021."

3. Sri Nitin Sharma, learned counsel for the petitioner institution submits that the petitioner institution is an authorised training centre of Paramedical and Allied Health Care Training Programme of Bharat Sevak Samaj, National Development Agency, which was established under the Planning Commission, Government of India in the year 1952. Presently, Bharat Sevak Samaj is conducting 80 Allied and Healthcare diploma courses under the authorisation granted to it by the Union of India and the training is covered under the provisions of Apprentices Act, 1961. It is also claimed that the petitioner institution is authorised to conduct various Allied Health Care training programmes in the field of medical education, which are being renewed from time to time and recently, it was renewed for the academic year/period from 01.06.2022 to 31.05.2023. In this backdrop, the request has been made to issue direction to the Principal Secretary (Medical Education), Government of U.P., Lucknow (respondent no.1) to ensure the formation and function of Uttar Pradesh State Allied and Healthcare Council in terms of the notification dated 29.10.2021 and direct the respondent no.4 to register the diploma holders qualified from the petitioner institution.

4. Per contra, Sri Ambrish Shukla, learned Additional Chief Standing Counsel has placed the instructions dated 23.8.2023 sent by the Director General, Medical Education & Training, Uttar Pradesh, which is taken on record. He has also placed the letter dated 22.8.2023 sent by the Special Secretary, Government of Uttar Pradesh and placed reliance on para-2 of the said letter. He has also placed reliance on the notification dated 06.8.2021, which was issued in exercise of the powers under sub-section (1) of Section 22 of the National Commission for Allied and Healthcare Professions Act, 2021 (Act No.14 of 2021) (hereinafter referred to as Act, 2021), wherein Hon'ble Governor is pleased to constitute "Uttar Pradesh State Allied And Healthcare Council". He submits that the notification is already made by the State Government and as per para-2 of the instructions dated 22.8.2023, the Search Committee is in process to search out the suitable candidates for constitution of State Council as per provision contained in Section 22 of the Act, 2021, which provides for constitution and composition of State Council. It would be apt to reproduce the relevant instructions dated 22.08.2023, which is sent by the Special Secretary of concerned department wherein it is indicated that as per Rules, 2023 the Search Committee is ceased with the matter and the search is on for the appointment of the Chairman, ex-officio members and members:-

5. Learned Additional Chief Standing Counsel submits that some time may be accorded so t