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MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
Dev Allied Health Institute – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. request for recognition of diploma holders. (Para 2 , 3) |
| 2. discussion on instructions related to council constitution. (Para 4 , 5) |
| 3. importance of regulatory frameworks in healthcare. (Para 7) |
| 4. court orders compliance with statutory requirements. (Para 8 , 9) |
| 5. disposal of the writ petition. (Para 10 , 11) |
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:-
The court mandates timely constitution of health councils under statutory provisions to ensure compliance with regulatory frameworks.
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.
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.
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.
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 regulation....
Interim government communication permits continuation of Central-approved allied healthcare courses pending final regulations.
Existing colleges may start M.P.T. courses per NCAHP guidelines without state NOC, following Supreme Court directions.
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