Swamy Vivekanandha Physiotherapy College, v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-04-2026
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE and W.M.P.No.8969 of 2026 Swamy Vivekanandha Physiotherapy College, represented by its Principal, Unjanai, Elayampalayam, Tiruchengode, Namakkal District-637 205 ..Petitioner Vs
1. Union of India, Ministry of Health and Family Welfare, National Commission for Allied and Healthcare Profession, rep by its Secretary / Joint Secretary to GOI, NIHFW Campus, New Delhi- 110 067.
2. Tamil Nadu State Allied And Healthcare Council, rep by its Secretary, Kanthanchavadi, Chennai- 600 096.
3. The Government of Tamil Nadu rep by its Secretary, Health and Family Welfare department, Fort St. George, Chennai- 600 009.
4. The Director of Medical Education and Research, Chetpet, Chennai-600 031.
5. The Tamil Nadu Dr.M.G.R.Medical University represented by its Registrar, Anna Salai, Guindy, Chennai-600 032.
..Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records of respondents relating to the orders of the first respondent in No.Z/103/2024AHS-DOHFW DEPARTMENT dated 09.12.2024, 2nd respondent dated 10.06.2025, 3rd respondent in Letter No.e5426/PME-2/2025-2 dated 26.06.2025 and 4th Respondent in Ref. No.064981/PME/2/2025 dated 18.07.2025 and 5th Respondent in R.C.No.Affln. V (5)/16234/2025 dated 13.06.2025 and quash the same and directing the 5th Respondent University to receive and process the application of the petitioner to start additional M.P.T. Courses (Master of Physiotherapy in Allied Health Science Programmes) in the petitioner college, viz.
, Swamy Vivekanandha Physiotherapy College, Unjanai, Elayampalayam, Tiruchengode, Namakkal District-637 205 in line with order dated 19.01.2026 and made in W.P.No.49983 of 2025 without insisting on Government Order/No Objection Certificate/Essentiality Certificate from the Government of Tamil Nadu and grant provisional affiliation for starting additional M.P.T.courses, namely, Master of Physiotherapy with an annual intake of 30 seats in Allied Health Science.
For Petitioner :
Mr.Kandhan Duraisami For Respondents:
Mr.Rabu Manohar, Senior Central Government Standing Counsel [R1] Mr.E.Sundaram, Government Advocate [R2 to R4] Mr.Hari Radhakrishnan Standing Counsel [R5] *****
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. Consequently, connected miscellaneous petition is closed. 21-04-2026 Index: Yes/No Speaking/Non-speaking order gm
To 1.The Secretary / Joint Secretary to GOI, Union of India, Ministry of Health and Family Welfare, National Commission for Allied and Healthcare Profession, NIHFW Campus, New Delhi- 110 067.
2.The Secretary, Tamil Nadu State Allied And Healthcare Council, Kanthanchavadi, Chennai- 600 096.
3.The Secretary, Government of Tamil Nadu Health and Family Welfare department, Fort St. George, Chennai- 600 009.
4.The Director of Medical Education and Research, Chetpet, Chennai-600 031.
5.The Registrar, Tamil Nadu Dr.M.G.R.Medical University, Anna Salai, Guindy, Chennai-600 032.
ABDUL QUDDHOSE, J.
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