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.

ORDER

This petition has been filed challenging the impugned orders impugned orders passed by a) the 4th respondent in No.Z / 103 / 2024-AHS-DOHFW DEPARTMENT dated 09.12.2024, F.No. Z / 103 / 2024-AHS-DOHFW, FTS No.8309547 dated 10.06.2025 b)the impugned letter issued by the 5th respondent State Council dated 10.06.2025, c) the impugned letter issued by the 3rd respondent University in R.C.No.Affln.V(5)/16234/2025 dated 13.06.2025 and d) quash the same and direct the 3rd respondent University to process the application of the petitioner college dated 05.08.2025 for increase of intake of seats in the existing courses namely B.Sc. Radiography and Imaging Technology from (10 to 20 seats), B.Sc. Cardiac Technology from (08 to 20 seats) and B.Sc. Operation Theatre and Anaesthesia Technology from (15 to 20 seats) and grant continuance of provisional affiliation for the academic year

2026-27 as per the Tamil Nadu Dr.M.G.R.Medical University, Chennai Affiliation of Allied Health Diploma and Degree Courses Statute without insisting on government order no objection certificate/essentiality certificate from the Government of Tamil Nadu.

2.The case of the petitioner is that the petitioner College is an existing institution imparting undergraduate Allied Health Science courses from the academic year 2020, with affiliation from the 3^rd respondent University. The petitioner College applied to the 3^rd respondent University for an increase in intake of seats for the academic year 2026-27. Thereafter, the 3^rd respondent University issued the impugned letter dated 13.06.2025 which is annexed to the impugned orders of the 4^th respondent National Commission dated 09.12.0224 and 10.06.2025 as well as the impugned letter of the 5^th respondent dated 10.06.2025. The petitioner contends that the impugned orders of the 4^th respondent cannot be sustained, as the National Commission had not become functional as per itsr order dated 09.12.2024, and no regulations had been framed under the National Commission for Allied and Healthcare Professions Act 2021. In the absence of such regulations under the said Act, the existing law governing the 3^rd respondent University would apply. Challenging the said impugned orders, the present writ petition has been filed.

3.The learned counsel appearing for the petitioner would submit that the issue involved in the present writ petition is no longer res integra, as it has already been decided by the Hon’ble Division Bench of this Court in W.A.No.3213 of 2025 and batch cases. Applying the ratio laid down by the Hon’ble Division Bench, this Court may direct the respondents to process the petitioner’s application and pass orders in accordance with the said judgment, within a period of six weeks from the date of receipt of a copy of this order.

4.Per contra, the learned counsel appearing for the respondents would submit that apart from complying with the order of the Division Bench, the petitioner is also required to comply with Clause 4.2 of the Circular dated

08.04.2026. Accordingly, they prayed for appropriate orders.

5.Heard the learned Additional Solicitor General appearing for the respondents 1 & 4, learned Government Advocate appearing for the respondents, 2, 5 and 6, and learned counsel appearing for the petitioner institution and the 3^rd respondent University.

6.In view of the above, the issue involved in the present writ petition is no longer res integra as it has already been decided by the Division Bench of this Court in W.A No.3213 of 2025 batch cases, wherein it has been held as follows:

46.In view of the aforesaid discussions and having regard to the factual matrix and taking into account of the totality of the situation as has been projected in this order, we are inclined to dispose of the writ appeals a