Existing allied health institutions' applications for intake increase in ongoing courses must be processed by university on merits, per prior Division Bench directions.

ORDER :

1. This Writ Petition is filed challenging the order passed by the 4^th respondent dated 10.06.2025, letter issued by the 5^th respondent dated 10.06.2025 and the letter issued by 3^rd respondent dated 16.02.2026 and also for a consequential direction to the 3^rd respondent to process the application of the petitioner College dated 02.02.2026 for increase of intake of seats in the existing course in the petitioner College namely, Bachelor of Physiotherapy form 50 to 100 seats for the academic year 2026-2027 and grant continuance of Provisional affiliation without insisting on no objection certificate/permission from the Government of Tamil Nadu.

2. Learned counsel appearing for the petitioner submitted that the petitioner is an existing college imparting Under Graduate Allied Health Science Course from the Academic year 2021 with affiliation from the 3rdrespondent University. At present Petitioner College is conducting Bachelor of Physiotherapy course with an intake of 50 seats. In order to increase its intake of seat for the academic year 2026-27, the petitioner college applied before the 3rd respondent vide letter dated 02.02.2026 seeking permission to increase its intake capacity from 50 to 100 seats. However, the 3rdrespondent, vide its letter dated 16.02.2026 rejected the request of the petitioner college stating that as per GO.Ms.No.81, dated 14.03.2018, permission has to be obtained from the State Government. In its communication, the 3rdrespondent also referred the communication dated 10.06.2025 issued by the 5threspondent to Director of Medical Education, Govt. of Tamil Nadu, Kilpauk, Chennai-10, wherein, it has been informed that the National Commission for Allied and Healthcare Profession/4th respondent has issued a communication dated 10.06.2025 to the 5threspondent/Tamil Nadu State Allied and Healthcare Council, informing not to commence any New Institution/Courses/Increase intake capacity of all Allied and Healthcare Professions till further communication received from National Commission for Allied and Healthcare Profession/4th respondent and the order dated 09.12.2024 already issued by the 4threspondent should be strictly adhered to. Further, vide email dated 13.06.2025, the 3rdrespondent University, informed the petitioner college that in adherence of order dated 09.12.2024, increase in intake in existing course shall not be made without prior approval and that the directive applies to all the Allied and Healthcare Courses and the same has to be strictly followed until further communication received from the National Commission for Allied and Healthcare Profession 4threspondent. Challenging such non processing of the application dated 02.02.2026 for increase of intake of seats in B.PT course, the present writ petition is filed.

3. Today, when the matter is taken up for consideration, learned counsel appearing for the petitioner submitted that the issue arising herein is no longer res integra and the same was decided by a Division Bench of this Court in its judgment dated 02.12.2025 in W.A. Nos. 3213, 3277 and 3678 of 2025, in the case of Union of India, Ministry of Health Care and Family Welfare Vs. Sri Rengasamy Educational Trust, Represented by its Administrative Officer. Accordingly, he prayed for issuance of appropriate orders.

4. Learned Senior Counsel appearing for the 1st respondent, on instructions, would submit that this court may pass similar orders in this writ petition also in terms of the order passed in the Writ Appeals cited supra.

5. Heard the learned counsel for the petitioner and the learned Senior counsel appearing for the respondents 1 and 4, learned Government Advocate appe