IN THE HIGH COURT OF JUDICATURE AT MADRAS
Abdul Quddhoose, J
Swamy Vivekanandha Physiotherapy College – Appellant
Versus
Union of India – Respondent
W.M.P.No.8969 of 2026
| Table of Content |
|---|
| 1. petition seeks university permission for m.p.t. course. (Para 1) |
| 2. relies on supreme court order following ncahp guidelines. (Para 2) |
| 3. directs compliance with ncahp guidelines and timely university approval. (Para 3 , 4) |
ORDER
This writ petition has been filed seeking permission from the fifth respondent University to start M.P.T. course (Master of Physiotherapy) in the petitioner college.
2. Learned counsel for the petitioner drew the attention of this Court to an order dated 09.04.2026 passed by the Hon'ble Supreme Court in Special Leave to Appeal (C) No.31145 of 2025 involving the very same issue. Learned counsel would submit that the Hon'ble Supreme Court in the said order had incorporated the guidelines of the National Commission for Allied and Healthcare Professions dated 08.04.2026 and permitted the petitioner in the said appeal, which is an existing college, to start the new course viz., M.P.T. course (Master of Physiotherapy) in accordance with the guideline No.4.3 of National Commission for Allied and Healthcare Professions dated 08.04.2026. The petitioner college is also similarly placed as that of the petitioner (Dr.Dayal Institute of Paramedical Technology) before the Hon'ble Supreme Court in Special Leave to Appeal (C) No.31145 of 2025. The petitioner in this writ petition also is an existing college, which seeks permission to start the new course viz., M.P.T. course (Master of Physiotherapy) in their college. The operative portion of the order dated 09.04.2026 passed by the Hon'ble Supreme Court in Special Leave to Appeal No.31145 of 2025 is reproduced hereunder:
“3. Apart from Mr.Kanakamedala Ravindra Kumar, learned Additional Solicitor General, we also heard Mr.Umesh Balonda, Secretary of NCAHP. They have submitted that regulatory mechanism is being put in place and the clarification and directions under the letter dated 08.04.2026 will enable the institutions, like the petitioners, to seek permissions to offer additional courses. Mr.Chandrasheker Chakkalabbi, learned counsel for the petitioner is satisfied with the recourse provided under letter dated 08.04.2026 and requested us to dispose of the special leave petition in terms of the said letter.
4. The NCAHP will ensure that all authorities or the duty bearers under the NCAHP Act, coupled with those to whom the letter dated 08.04.2026 is addressed, act efficiently and ensure that applications are taken up and disposed of expeditiously. The obligation to monitor such an action is certainly on the NCAHP.”
3. Learned standing counsel for the respective respondents have also not raised any serious objection if a similar order is passed by this Court as passed by the Hon'ble Supreme Court in its order dated 09.04.2026 in Special Leave to Appeal No.31145 of 2025 in favour of the petitioner.
4. Accordingly, this Court directs the petitioner to comply with the guidelines issued by the National Commission for Allied and Healthcare Professions dated 08.04.2026, more particularly, guideline No.4.3 and on compliance of the same by the petitioner, the fifth respondent, after inspecting the petitioner college and on being satisfied that the petitioner college has satisfied the guidelines of the National Commission for Allied and Healthcare Professions as well as the infrastructure and academic requirements of the fifth respondent University, shall pass final orders on the petitioner's request for granting permission to start the new course of M.P.T. (Master of Physiotherapy)
on or before 15.07.2026.
This writ petition is disposed of with the above direction. No costs.
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