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2026 Supreme(Online)(Raj) 13907

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR


S.B. Civil Writ Petition No. 16660/2025


Dr. Dharmendra Paramedical College, 71, 71-A, Ganesh Vihar, Rajawas, Sikar Road Jaipur, Rajasthan Through Its Principal Hemant Tyagi S/o Ajmer Singh Tyagi, Aged About 41 Years, Resident Of 268, Kateva Nagar, New Sanganer Road, Sodala, Jaipur.

----Petitioner


Versus

1. The State Of Rajasthan, Through Its Secretary, Medical And Health Department Government Of Rajasthan, Secretariat, Jaipur.

2. Rajasthan State Allied And Health Care Council, Jaipur, Through Its Secretary, C-7, Sultan House, 2 And 3 Floor, Above Canera Bank, Sawai Jai Singh Highway Bani Park, Jaipur.

3. Natiional Commission For Allied And Healthcare Professions, Through Its Chairperson, 2Nd Floor, Academic Block, Nihfw Campus, Baba Gangnath Marg, Munirka, New Delhi.

4. Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur, Through Its Secretary, Plot No.273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan.

----Respondents


For Petitioner(s) : Mr. Shreyansh Mardia

For Respondent(s) : Mr. Bhavit Sharma


HON'BLE MR. JUSTICE MUKESH RAJPUROHIT


01/05/2026

Order

1. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner, whereby following reliefs have been sought : -

“ It is, therefore, respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction :-

i. The Respondent No. 1 may be directed to grant the NOC to the Petitioner institute to conduct DMLT, DRT, DOTT and D.ECGT courses for the academic session 2025-2026 for 50 seats each;

ii. That the Respondent no.2 may be directed grant recognition to the Petitioner Institute to conduct DMLT, DRT, DOTT and D.ECGT courses for the academic session 2025-2026 and onwards;

iii. The Petitioner may be permitted to undertake DMLT, DRT, DOTT and D.ECGT courses for the academic session 2025-2026;

iv. The Respondent no. 1 and Respondent no.2 may also be directed to provide the inspection report to the Petitioner Institute;

v. That the Respondent no. 4 (Private Federation) may be directed to allot students to the Petitioner’s Institute on vacant seats;

vi. Any other appropriate relief which this Hon’ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the Petitioner.”

2. Learned counsel for the petitioner submits that the applications preferred by the petitioner were not considered by concerned respondent-authorities. It is further contended that the present controversy stands adjudicated by the Hon’ble Supreme Court i.e. Dr. Dayal Institute of Paramedical Technology versus The State of Rajasthan & Ors. passed in Special Leave to Appeal (C) No(s). 31145/2025 with SLP (C) No.31167/2025 dated 09.04.2026. The order dated 09.04.2026 passed by the Hon’ble Apex Court is reproduced herein below :-

“1. The present special leave petitions arise out of writ petitions challenging a Moratorium Order dated 09.12.2024 against grant of permission for commencing additional courses, pending formulation of Regulations under the National Commission for Allied & Healthcare Professions Act, 2021 (“NCAHP Act”). The petitioner institutions are aggrieved by concurrent dismissal by the Single Judge as well as the Division Bench of the High Court.

2. On 07.04.2026, we had directed the Officer in Charge of the National Commission for Allied and Healthcare Profession (“NCAHP”) to explain reasons for delay in bringing the Regulations in force, thereby paralyzing the entire process. Mr. Kanakamedala Ravindra Kumar, learned Additional Solicitor General, has taken instructions in the matter and has brought to our notice a letter of NCAHP dated 08.04.2026 the Ministry of Health and Family Welfare. The letter is reproduced for ready reference.

"F.No.Z/103/2024-AHS-DOHFW DEPARTMENT

Government of India

Ministry of Health & Family Welfare

National Commission for Allied and Healthcare Professions

2nd Floor, Academic Block, NIHFW Campus, Munirka, New Delhi-110067

Date: 8th April, 2026

To,

1. The Secretaries of all the State Allied and Healthcare Councils.

2. All Principal Secretary/Secretary, Health & Family Welfare, State Governments/Union Territories Subject: Allied and Healthcare Institutions/Courses for the Academic Year 2026-27, under the NCAHP Act, 2021-reg.

Ref:(1) Order No. Z/103/2024-AHS-DOHFW DEPARTMENT, dated 09.12.2024.

(2) Notices dated 24.04.2025, 15.10.2025, 29.10.2025, 12.11.2025, 26.12.2025, 30.01.2026, 20.03.2026 and 27.03.2026.

(3) Letter No. Z-1011/2026/NCAHP (AHS)/UGC/FTS No. 8384323 dated 09.01.2026 and 02.03.2026.

Sir/Madam,

1. I am directed to convey that the regulations for recognition of institution(s) for Allied and Healthcare professions as per the National Commission for Allied and Healthcare Professions Act, 2021(NCAHP Act, 2021) are under process.

2. It is informed that the Commission, vide notices dated 24.04.2025, 15.10.2025, 29.10.2025, 12.11.2025, 26.12.2025, 30.01.2026, 20.03.2026 and 27.03.2026 have released 17 competency-based curricula covering around 28 professions under the NCAHP Act, 2021,

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