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2026 Supreme(Online)(Mad) 40590

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
Ppg Institute Of Allied Health Science – Appellant
Versus
Tamil Nadu Dr. M.g.r. Medical University – Respondent
Writ Petition No. 33243/2024



Advocates:
For the Appellants/Petitioners: Mr.S.Raveekumar
For the Respondents:Mr.M.Sivavarthan for R1, Mr.K.Tippu Sulthan for R2 to R4, Government Advocate

The requirement of obtaining an Essentiality Certificate from the government is a mandatory prerequisite for educational institutions seeking to start new courses in allied and healthcare disciplines as per the National Commission for Allied and Healthcare Profession standards.

Headnote:The petitioner challenged an order rejecting their application to commence new allied health science courses without an Essential Certificate. The court reviewed the requirements stipulated by the National Commission for Allied and Healthcare Profession, which mandates an essentiality certificate for initiating new courses. The court granted the petitioner liberty to file a fresh application for starting the new courses in accordance with mandated requirements. The central issue was whether the university was justified in requiring an essentiality certificate for new course applications. Relying on the National Commission for Allied and Healthcare Profession guidelines, the court affirmed that the Essential Certificate is a mandatory prerequisite for starting new allied health curricula either in existing or new institutions. The court disposed of the writ petition, granting the petitioner liberty to submit a fresh application within two weeks, with a direction to the respondent to process the same within twelve weeks on merits.

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed to quash the letters of the 1st Respondents in Lr.No.Affln.V(5)/33243/2024 dated 18.10.2024 and consequently direct the 1st Respondent University to process the application of the petitioner insinuation dated 27.09.2024 to start two new courses in B.Sc. Critical Care Technology and M.Sc. Radiography and Imaging Technology Courses without insisting on Government order order/No. objection Certificate/Essential certificate from the Government of Tamil Nadu and grant Provisional affiliation to the petitioner college to start tow new courses in B.Sc. Critical Care Technology and M.Sc. Radiography and Imaging Technology Courses.

3. It is the case of the petitioner that the petitioner is a Managing Trustee which has established and running the PPG Institute of Allied Health Science. The first respondent University has granted affiliation to various courses to the petitioner and certificate of registration was also issued by the Registrar. The petitioner made application on 27.09.2024 for grant of permission for starting new courses and the same was rejected by the impugned letter. Challenging the said letter, the present writ petition has been filed.

4. The learned counsel for the first respondent submitted that in respect of starting of new courses of approved curricula, either in existing allied and health care institutions or in new allied and healthcare institutions, essentiality certificate has to be necessarily obtained as per the letter of National Commission for Allied and Healthcare Profession (NCAHP) dated 08.04.2026 the Ministry of Health and Family Welfare.

5. The learned counsel counsel for the petitioner submitted that with respect to starting new course, he may be permitted to file a fresh application and the same may be considered and orders be passed within a reasonable time as fixed by this Court.

6. Heard both sides and perused the materials placed on record.

7. I perused the letter of National Commission for Allied and Healthcare Profession (NCAHP) dated 08.04.2026. As rightly pointed out by the learned counsel for the first respondent clause 4.3 stipulates that with regard to the starting of new courses of approved curricula, either in existing allied and health care institutions or in new allied and healthcare institutions, essentiality certificate has to be necessarily obtained and the learned counsel for the petitioner also now seeks liberty to file a fresh application with regard to starting of new courses, in such view of the matter, the petitioner is granted liberty to file fresh application seeking for starting of new courses within a period of two weeks from the date of receipt of a copy of this order and the respondent shall pass appropriate orders on merits and in accordance with law within a period of twelve weeks thereafter.

8. Accordingly, this writ petition stands disposed of. No costs.

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