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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
INDIAN MEDICAL ASSOCIATION KERALA STATE BRANCH – Appellant
Versus
UNION OF INDIA – Respondent
| Table of Content |
|---|
| 1. petitioners are qualified medical professionals. (Para 1) |
| 2. arguments against the ncahp act's provisions. (Para 3 , 6 , 7) |
| 3. legal precedent regarding medical qualifications. (Para 4) |
| 4. court's analysis of the ncahp act's legislative intent. (Para 5 , 9) |
| 5. writ petitions are dismissed. (Para 10) |
JUDGMENT
The petitioners are qualified medical professionals in the field of modern scientific medicine and are aggrieved by the powers and status given to Physiotherapists and Occupational Therapists under the National Commission for Allied and Healthcare Profession Act, 2021 ('the NCAHP Act' for short) as well as the Competency Based Curriculum for Physiotherapy and Occupational Therapy. According to the petitioners, the objectionable provisions in the NCAHP Act and the Curriculum run counter to the provisions of the National Medical Commission Act , 2019 ('the NMC Act' for short). They contend that, while the specialist medical professionals in the specialty of Physical Medicine and Rehabilitation are qualified doctors, Physiotherapists and Occupational Therapists only extend supporting service, and do not have the qualification or entitlement to extend their services
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