The NCAHP Act authorizes Physiotherapists and Occupational Therapists to practice independently and use the prefix 'Dr', supported by their qualifications, contrary to the petitioners’ claims of exclusive rights under the NMC Act.

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 as first hand healthcare professionals. The qualifications of Physiotherapists can at best enable them to undertake administration of physiotherapy under the instructions of a qualified Medical Practitioner. Even though the curriculum of physiotherapy and occupational therapy contains many subjects like Anatomy, Physiology, etc., that, by itself, will not confer them with the right to engage in independent clinical practice, since such subjects are taught solely to provide a basic idea regarding the human body and as to how it functions. There are no statutory provisions under the NCAHP Act conferring legal right to diagnose, decide treatment plan, or prescribe treatment by Physiotherapists and Occupational Therapists or such other healthcare professionals. The petitioners are also aggrieved by the fact that the Competency Based Curriculum for Physiotherapy and Occupational Therapy permits the use of the prefix "Dr" with suffix "PT" by Physiotherapists and “OT” by Occupational Therapists, thereby equating them with modern medical practitioners.

The writ petitions are hence filed seeking the following reliefs;

“(i) Declare by means of an appropriate writ or order to nullify rather read down the wide scope of the connotation "Physiotherapy Professional" as enlisted vide Sl. No. 3 as well as Serial No. 6- Occupational Therapy Professional of the Schedule appended to the National Commission for Allied and Health Care Professions Act, 2021 so as to make and confine the scope of discharge of such professional services of Physiotherapists and Occupational Therapy Professionals only as a supporting group for the qualified Medical Professionals under the provisions of the National Medical Commission Act , 2019 and Indian Medical Degrees Act , 1916;

(ii) Call for the records of the case leading to the promulgation of competency based curriculum for physiotherapy and Occupational Therapy by the National Commission for Allied and Health Care Professions by means of a writ of certiorari or such other appropriate writ or order and quash/read down certain provisions therein viz. (1) Chapter 1 Clause 1.2, (ii) Chapter 3 Clause 3.0 and 3.2.3 and (iii) Chapter 8 of Competency Based Curriculum for Physiotherapy (Ext.P1) and Chapter 1-1.3.1, 1.3.3, 1.6.2, Chapter 3 3.3 and 3.7 (Ext. P1(a)) Competency Based Curriculum for Occupational Therapy, to the extent to which they purport to place Physiotherapists and Occupational Therapy Professionals in a high pedestal as a First Health Care provider and in allowing them to use prefix 'Dr' in their names.

(iii) Issue a writ of mandamus or other appropriate writ or order directing the respondents, particularly the respondents 2 and 3 and their Officers to issue necessary orders interdicting Physiotherapists and Occupational Therapy