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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
Vyrathi Charitable and Educational Trust – Appellant
Versus
Union of India, Represented by the Secretary, New Delhi – Respondent
| Table of Content |
|---|
| 1. petition challenges rejection of intake increase application citing state and ncahp orders. (Para 2) |
| 2. reliance on division bench judgment directing intake processing for existing courses. (Para 3 , 4 , 5 , 6) |
| 3. petition disposed per prior judgment, subject to ncahp circular conditions. (Para 7 , 8 , 9) |
ORDER :
1. This Writ Petition is filed challenging the order passed by the 4th respondent dated 10.06.2025, letter issued by the 5th respondent dated 10.06.2025 and the letter issued by 3rd respondent dated 16.02.2026 and also for a consequential direction to the 3rd 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 3rdresponden
Existing allied health institutions' applications for intake increase in ongoing courses must be processed by university on merits, per prior Division Bench directions.
Existing institutions' applications for seat enhancement must be processed on merits per prior Division Bench directions, subject to infrastructure verification.
Applications by existing institutions for increase in intake of seats in existing courses must be processed on merits by the concerned authorities despite absence of new regulations.
Educational institutions can seek additional intake approvals without interim regulations, as established by applying the Doctrine of Necessity.
Existing institutions may seek additional course intakes despite unframed regulations under the Doctrine of Necessity.
Judicial review under Article 226 allows institutions to challenge administrative decisions impacting educational intake, especially where previous court judgments exist.
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