Existing institutions may seek additional course intakes despite unframed regulations under the Doctrine of Necessity.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned orders passed by (a) the 4^th respondent in 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 (b) the impugned letter issued by the 5^th respondent State Council dated 10.06.2025 and (c). the impugned letter issued by the 3^rd respondent University in R.C.No.Affln.V(5)/16234/2025 dated 13.06.2025 (d) quash the same and direct the 3^rd respondent university to receive and process the application of the petitioner college for increase of intake of seats in the existing course in the petitioner college namely Bachelor of Physiotherapy from 50 to 100 Seats for the academic year 2026-267 without insisting on Government Order/No Objection Certificate/Essentiality Certificate from the Government of Tamil Nadu and grant continuance of provisional affiliation.

For Petitioner: Mr.D.Prabhu Mukunth Arunkumar For Respondents: Mr.K.Srinivasa Murthy, Senior Panel Central Government Counsel for R1 & R4 Mr.M.Sivavarthanan for R3 Mr.E.Sundaram, Govt.Advocate for R2, R5 & R6

ORDER

The writ petition is filed calling for the records relating to the impugned orders passed by (a) the 4^th respondent in 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 (b) the impugned letter issued by the 5^th respondent State Council dated 10.06.2025 and (c) the impugned letter issued by the 3^rd respondent University in R.C.No.Affln.V(5)/16234/2025 dated 13.06.2025 (d) quash the same and direct the 3^rd respondent university to receive and process the application of the petitioner college for increase of intake of seats in the existing course in the petitioner college namely Bachelor of Physiotherapy from 50 to 100 Seats for the academic year 2026-267 without insisting on Government Order/No Objection Certificate/Essentiality Certificate from the Government of Tamil Nadu and grant continuance of provisional affiliation.

2. When the matter came up for hearing, learned counsel appearing for both sides would submit that earlier the Hon’ble Division Bench of this Court in W.A.Nos.3213, 3277 & 3678 of 2025 and W.P.No.40016 of 2025 dated 02.12.2025 has already held that by invoking the doctrine of necessity in respect of the existing institutions, the request for starting new courses/additional institute can be considered in accordance with law notwithstanding the non-

framing of regulations.

3. Based on the same, several individual orders have also been passed by this Court. One such order passed by this Court in the earlier W.P.No.49983 of

2025 is extracted hereunder in toto for ready reference:-

“This Writ Petition is filed challenging a) the impugned order passed by the fourth respondent in 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; b) the impugned letter issued by the fifth respondent State Council dated 10.06.2025 and c) the impugned letter issued by the third respondent University in R.C.No.Affln.V(5)/16234/2025, dated 13.06.2025 and quash the same and direct the third respondent university to receive and process the application of the petitioner college for increase of intake of seats in the existing course in the petitioner college namely Bachelor of Physiotherapy from 50 to 100 seats for the Academic Year 2025-2026 without insisting on Government Order/No Objection Certificate/Essentiality Certificate from the Government of Tamil Nadu and grant continuance of provisional affiliation.

2. When the matter is taken up for hearing, learned Counsel for the petitioner would submit that the issue involved in this Writ Petition is covered by the judgment of the Division Bench of this Cou