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Judgment
N. Nagaresh, J.
The NIMS College of Developmental Therapy has been established under Noorul Islam Educational Trust. The Chairman of the Trust is the petitioner in this writ petition.
The College sought No Objection Certificate from the Government of Kerala to start BSc (Developmental Therapy) Course with 30 seats. The Government of Kerala, after making necessary inspections, issued order dated 21.02.2024, granting No Objection Certificate. The Kerala University of Health Sciences granted provisional affiliation on condition that the petitioner shall obtain permission from the Kerala State Allied and Healthcare Council.
In the meanwhile, the National Commission for Allied and Healthcare Professions issued communication dated 01.07.2024 directing Chairperson of the State Council to seek clarification from the State Council and directed the 2nd respondent to stop such courses, if found necessary, under intimation to the National Commission.
The College thereupon filed W.P.(C) No.45233/2024 before this Court contending that starting of BSc (Development Therapy) Course will not in any manner affect the students of other disciplines and since the Government has granted NOC and the University has granted affiliation, the petitioner cannot be prevented from starting the Course. This Court disposed of the said writ petition directing the 1st respondent-Kerala State Allied and Healthcare Council to consider Ext.P11 representation and take appropriate decision.
The 1st respondent rejected the representation stating that Developmental Therapy does not form part of the recognised categories as per the National Commission for Allied and Healthcare Professions Act, 2021 and the Kerala State and Healthcare Council cannot grant permission to the petitioner to propose BSc (Developmental Therapy) Course. Aggrieved by Ext.P13 order of the State Council, the petitioner has filed this writ petition.
The petitioner states that the State Statute mandates the State Council to take a decision on the application. Ext.P13 is the decision of the Chairperson. The Chairperson has no authority to reject the application of the petitioner. Ext.P13 is therefore unsustainable. There is no consideration of the course contents with reference to the statutory provisions while issuing Ext.P13. Ext.P13 has been issued in a casual manner without any reason.
The Chairman has not examined the course content with reference to the provisions of the Act. The provisions of a Statute will not be inoperative for the reason that rules are not framed. The National Commission has not prohibited granting of permission to an approved course. Ext.P13 is an affront to the legislative intention behind enactment of the Act, 2021.
I have heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 and 2, the learned Deputy Solicitor General of India-in-Charge representing respondents 3 and 7 and the learned Standing Counsel for the 4th respondent.
The application of the petitioner for permission to start the BSc (Developmental Therapy) Course stands rejected as per Ext.P13 order. Ext.P13 order is under challenge. The National Commission for Allied and Healthcare Professions Act, 2021 is intended to provide for regulation and maintenance of Standards of Education and Services by Allied and Healthcare Professionals, assessment of institutions, etc. As per the Act, 2021, no allied and healthcare institution shall open a new or higher course of study or training, which would enable students of each course of study or training to qualify for the award of any recognised, allied and healthcare qualification, except with the previous permission of the State Council.
The Schedule to the Act gives 10 recognised categories and 57 Allied and Healthcare Professionals who are entitled to register and practice as allied and healthcare professionals. The areas of expertise expected from allied and healthcare professionals under each category are provided in the Schedule. The category “Developmental Therapy” does not form part of the recognised categories as per the Act, 2021.
Section 66 of the NCAHP Act, 2021 provides that the Commission may, after public consultation and with the previous approval of the Central Government, make regulations generally to carry out the purposes of the Act. Section 66(2) provides that the regulations may provide for the manner of providing basic standards of education, courses, curricula, physical and infrastructural facilities, staff patterns, staff qualifications, quality instructions, assessment, examination, etc. Therefore, any course carrying the elements of allied and healthcare categories detailed in the Act can be initiated only after the regulations are notified. The statutory provisions being so, I do not find any illegality in Ext.P13 order of the 1st respondent.
The writ petition is without any merit and hence dismissed.