IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
INDIAN MEDICAL ASSOCIATION KERALA STATE BRANCH – Appellant
Versus
UNION OF INDIA – Respondent
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,
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