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2026 Supreme(Online)(Mad) 35549

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



Advocates:
For the Appellants/Petitioners: Mr.Kandhan Duraisami
For the Respondents:Mr.Rabu Manohar, Senior Central Government Standing Counsel [R1], Mr.E.Sundaram, Government Advocate [R2 to R4], Mr.Hari Radhakrishnan Standing Counsel [R5]

Existing colleges may start M.P.T. courses per NCAHP guidelines without state NOC, following Supreme Court directions.

Headnote:The petitioner college sought permission to start additional Master of Physiotherapy (M.P.T.) courses under Article 226, challenging orders from Union of India, National Commission for Allied and Healthcare Professions, and Tamil Nadu authorities dated between December 2024 and July 2025, including refusal by the Tamil Nadu Dr. M.G.R. Medical University. Court noted Supreme Court order dated 09.04.2026 in Special Leave to Appeal

(C) No.31145 of 2025 incorporating NCAHP guidelines dated 08.04.2026, permitting similar existing institutions to start M.P.T. courses without state NOC. Court found petitioner similarly placed, with no objections from respondents. Issue framed as whether existing colleges can start new M.P.T. courses per NCAHP guideline No.4.3 without Government Order/NOC/Essentiality Certificate. Ratio: Supreme Court directed compliance with NCAHP letter dated 08.04.2026 for expeditious processing; this Court followed suit, mandating petitioner compliance, university inspection for infrastructure, and final orders by 15.07.2026. Writ petition disposed with directions for university to process application upon guideline compliance, without costs.

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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