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2025 Supreme(Online)(Mad) 67418
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
SNS Charitable Trust, Rep. by its Secretary/Trustee – Appellant
Versus
Union of India, Rep. by the Secretary to Government, Ministry of Health and Family Welfare – Respondent
W.P.No.28894 of 2025 | W.P.No.32147 of 2025 | W.P.No.32275 of 2025 | W.P.No.32288 of 2025 | W.P.No.32291 of 2025 | W.P.No.32292 of 2025 | W.P.No.32786 of 2025 | W.P.No.32789 of 2025 | W.P.No.32865 of 2025 | W.P.No.32868 of 2025 | W.P.No.33512 of 2025 | W.M.P.Nos.32429 to 32432, 36039, 36040, 36042, 36046, 36202, 36205, 36206, 36218, 36219, 36221, 36228, 36232, 36241, 36226, 36227, 36230, 36713, 36717, 36718, 36812, 36813, 36814, 36817, 36819, 36820, 37654, 37657 & 37658 of 2025
For the Appellants/Petitioners: Mr.D.Prabhu Mukunth Arunkumar, Mr.Kandan Duraisamy, Mr.G.Masilamani, Mr.Sathish Parasaran
For the Respondents: Mr.AR.L Sundaresan, Mr.R.Rabu Manohar, Mr.A.S.Vijaya Raghavan, Mr.K.Tippu Sulthan, Mr.G.Arumugam
The right to establish educational institutions is a fundamental right protected under Article 19(1)(g) of the Constitution, and authorities cannot impede this right due to administrative inactions or lack of regulations.
Headnote:(A) National Commission for Allied and Healthcare Professions Act, 2021 - Section 64, 65, 40(1) - Writ petitions challenging government orders preventing establishment of new allied healthcare institutions and increasing student intake - The provisions of the Act require state councils to grant permission for establishment and increasing intake; absence of regulations hinders execution - Court finds impugned orders violate petitioners' fundamental rights under Article 19(1)(g) of the Constitution of India. (Paras 6, 10, 14, 18)
(B) Fundamental rights - Right to establish educational institutions - Recognized as a fundamental right, upheld against administrative delays in establishing councils or regulations. (Paras 16, 18)
Facts of the case:
Petitioners, representing educational institutions for health science courses, challenged the government's directives that prevented the approval of new courses and increasing student intake, citing violations of their constitutional rights.
Findings of Court:
All impugned orders were quashed, mandates were issued to process applications for initiating new courses and increasing student intakes as per government orders.
Issues: The main issues revolved around the legality of the orders preventing the establishment of new institutions and the fundamental rights to education postulated under the Constitution.
Ratio Decidendi: The court concluded that the right to establish educational institutions is fundamental, and the lack of functioning regulations should not penalize the petitioners for administrative shortcomings.
Result: Writ petitions allowed.
| Table of Content |
|---|
| 1. overview of multiple writ petitions (Para 1) |
| 2. challenges to government orders affecting courses (Para 2 , 3 , 4) |
| 3. regulatory framework for allied healthcare (Para 5 , 6 , 7) |
| 4. arguments for petitioners' rights and commissions' inefficiency (Para 8 , 9 , 10) |
| 5. court's observations on rights and regulations (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 6. impugned orders quashed (Para 19) |
| 7. final decision and directives (Para 20) |
COMMON ORDER
The Writ Petition in W.P.No.28894 of 2025 has been filed challenging the orders passed by the fourth respondent vide No.Z/103/2024-AHS-DOHFW DEPARTMENT dated 09.12.2024, F.No. Z/103/2024-AHS-DOHFW, FFS No.8309547 dated 10.06.2025; the impugned letter issued by the fifth respondent State Council dated 10.06.2025 and the impugned letter issued by the third respondent University in R.C.No.Affln.V(5)/16234/2025 dated 04.07.2025 and also consequently direct the third respondent university to grant affiliation to the petitioner college to start additional Allied Health Science Courses namely B.Sc. Respiratory therapy (20 seats) B.Sc. Dialysis Technology (20 seats) and B.Sc. Optometry (20 seats) Courses from the academic year 2025-26.
1.1. The Writ Petition in W.P.No.32147 of 2025 has been filed challenging the orders passed by the fourth respondent vide No.Z/103/2024-AHS-DOHFW DEPARTMENT dated 09.12.2024, F.No. Z/103/2024-AHS-DOHFW, FTS No.8309547 dated 10.06.2025; the impugned letter issued by the fifth respondent State Council dated 10.06.2025 and the impugned letter issued by the third respondent University in R.C.No.Affln.V(5)/16234/2025 dated 13.06.2025 and also consequently direct the third respondent university to receive application for increase of intake of seats in the existing courses namely B.Sc., Radiography and Imaging Technology (from10 to 20 seats) B.Sc., Operation Teatre and Anaesthesia Technology (from 15 to 20 seats) B.Sc., Dialysis Technology (from 15 to 20 seats) B.Sc., Physician Assistant (from 10 to 20 seats) and B.Sc., Medical Laboratory Technology (from 15 to 20 Seats) for the academic year 2025-26 and grant continuance of provisional affiliation.
1.2. The Writ Petition in W.P.No.32275 of 2025 has been filed challenging the impugned orders in Ref.No.Z/103/2024-AHS-DOHFW Department dated 09.12.2025 of the first respondent, proceedings dated 10.06.2025 of the fifth respondent, Letter No.e5426/PME-2/2025-2 dated 26.06.2025 of the second respondent, proceedings in R.C.affln./III(2)/ 38325/2024 dated 30.06.2025 of the fourth respondent and the proceedings in Ref.No.064981/PEM/2/2025, dated 18.07.2025 of the third respondent and quash the same insofar as the petitioner is concerned and consequently directing the respondents to process the application of petitioner and issuing approval for starting new courses namely “Master of Physiotherapy” in “Sree Abirami College of Physiotherapy in Machegoundangalayam, Seer Abirami College of Physiotherapy n Machegoundanpalayam, Seerapalayam Village, Coimbatore District” with an annual total intake of 16 seats from the academic year 2025-26 onwards.
1.3. The Writ Petition in W.P.No.32288 of 2025 has been filed challenging the impugned orders in Ref.No.Z/103/2024-AHS-DOHFW Department dated 09.12.2025 of the first respondent, proceedings dated 10.06.2025 of the fifth respondent, Letter No.e5426/PME-2/2025-2 dated 26.06.2025 of the second respondent and the proceedings in Ref.No.064981/PEM/2/2025, dated 18.07.2025 of the third respondent and quash the same insofar as the petitioner is concerned and consequently directing the respondents to process the application of petitioner and issuing approval for starting new institution under the name and style “Excel College of Occupational Therapy, Komarapalayam, Namakkal” from the academic year 2025-26 onwards.
1.4. The Writ Petition in W.P.No.32291 of 2025 has been filed challenging the impugned orders in Ref.No.Z/103/2024-AHS-DOHFW Department dated 09.12.2025 of the first respondent, pr
