IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 13^TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947 WP(C) NO. 4776 OF 2025 PETITIONER:

DR. A.P. MAJEED KHAN, CHAIRMAN, NOORUL ISLAM EDUCATIONAL TRUST (NIMS), RALUMOOD, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695001 BY ADVS.

M.SASINDRAN JOGGY MATHUNNI RESPONDENTS:

1 THE KERALA STATE ALLIED AND HEALTHCARE COUNCIL, GOVERNMENT MEDICAL COLLEGE CAMPUS, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN - 695011

2 THE CHAIRMAN, KERALA STATE ALLIED AND HEALTHCARE COUNCIL GOVERNMENT MEDICAL COLLEGE CAMPUS, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN - 695011

3 THE NATIONAL COMMISSION FOR ALLIED AND HEALTHCARE PROFESSIONS, REPRESENTED BY ITS SECRETARY, NEW DELHI, PIN - 110001

4 THE KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, THRISSUR, PIN - 680001 5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

6 THE ADDITIONAL CHIEF SECRETARY HEALTH AND FAMILY WELFARE (K) DEPARTMENT GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

7 UNION OF INDIA, REPRESENTED BY UNDER SECRETARY, MINISTRY OF HEALTH AND FAMILY AFFAIRS NEW DELHI, PIN - 110011 BY ADVS.

SRI. BINNY THOMAS SRI. P.SREEKUMAR (SR.)(K/410/1994)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2025 AND THE COURT ON 13.05.2025 DELIVERED THE FOLLOWING:

CR

JUDGMENT

Dated this the 13^th day of May, 2025 The NIMS College of Developmental Therapy has been established under Noorul Islam Educational Trust. The Chairman of the Trust is the petitioner in this writ petition.

2. The College sought No Objection Certificate from the Government of Kerala to start BSc (Developmental Therapy) Course with 30 seats. The Government of Kerala, after making necessary inspections, issued order dated 21.02.2024, granting No Objection Certificate. The Kerala University of Health Sciences granted provisional affiliation on condition that the petitioner shall obtain permission from the Kerala State Allied and Healthcare Council.

3. In the meanwhile, the National Commission for Allied and Healthcare Professions issued communication dated 01.07.2024 directing Chairperson of the State Council to seek clarification from the State Council and directed the 2^nd respondent to stop such courses, if found necessary, under intimation to the National Commission.

4. The College thereupon filed W.P.(C)

No.45233/2024 before this Court contending that starting of BSc (Development Therapy) Course will not in any manner affect the students of other disciplines and since the Government has granted NOC and the University has granted affiliation, the petitioner cannot be prevented from starting the Course. This Court disposed of the said writ petition directing the 1^st respondent-Kerala State Allied and Healthcare Council to consider Ext.P11 representation and take appropriate decision.

5. The 1^st respondent rejected the representation stating that Developmental Therapy does not form part of the recognised categories as per the National Commission for Allied and Healthcare Professions Act, 2021 and the Kerala State and Healthcare Council cannot grant permission to the petitioner to propose BSc (Developmental Therapy) Course. Aggrieved by Ext.P13 order of the State Council, the petitioner has filed this writ petition.

6. The petitioner states that the State Statute mandates the State Council to take a decision on the application. Ext.P13 is the decision of the Chairperson. The Chairperson has no authority to reject the application of the petitioner. Ext.P13 is therefore unsustainable. There is no consideration of the course contents with reference to the statutory provisions while issuing Ext.P13. Ext.P13 has been issued in a casual manner without any reason.

7. The Chairman has not examined the course content with reference to the provisions of the Act. The provisions of a Statute will not be inoperative for the