Rathinam College Of Physiotherapy v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-04-2026
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE WP Nos.9575, 9580, 10279 and 12881 of 2026 and W.M.P. Nos.14080 & 11141 of 2026 Sri Lakshmi College Of Physiotherapy Rep. By its Chairman, S.F.No.32/19, Mettupalayam Road, Thudiyalur, Coimbatore.
..Petitioner in W.P.No.9580/2026 Rathinam College of Physiotherapy, Rep. By its Unit Head, Rathinam Tech Zone Campus, Eachanari, Coimbatore 641 021.
..Petitioner in W.P.No.9575/2026 UIT Educational Trust, Rep. By its Administrative Director, No.2, Gudalur Municipality, G.Koundampalayam, Periyanaickenpalayam, Coimbatore 641 020.
..Petitioner in W.P.No.10279/2026 Mahendra Educational Trust, rep. By its Authorised Signatory, Kalipatti, Thiruchengodu Taluk, Namakkal District 637 501. ..Petitioner in W.P.No.12881/2026 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 Represented by its Secretary, Kanthanchavadi, Chennai 96.
3. The Government Of Tamil Nadu Represented by its Principal Secretary, Health And Family Welfare department, Fort St.George, Chennai 09.
4. THE DIRECTOR OF MEDICAL EDUCATION and Research, [FAC] Chetpet, Chennai 31.
5. The Tamil Nadu Dr. Mgr Medical University Represented by its Registrar, [FAC] Anna Salai, Guindy, Chennai 600032.
..Respondent in all W.Ps.
PRAYER in W.P.No.9580/2026 - Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the orders of the 1st respondent in No.Z / 103 / 2024-AHS-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, 4th respondent in Ref. No. 064981/ PME/2/ 2025 dated 18.07.2025 and 5th respondent in R.c.Affln. V (5) /16234/ 2025 dated 13.06.2025 and in Lr.No.Affln. III (I) / 4440/ 2025, dated 05.01.2026 and quash the same and directing the 5th respondent university to receive and process the application of the petitioner to increase in intake from 50 to 100 seats in the existing B.P.T. Courses in Allied Health Science programmes in the petitioner college, Viz.
, Sri Lakshmi College of Physiotherapy, S.F. No.32/19, Mettupalayam Road, Thudiyalur,Coimbatore, in line with order dated 24.02.2026 and made in W.P. No.
grant provisional affiliation for increase in intake in existing B.P.T. Course in Allied Health Science.
PRAYER in W.P.No.9575/2026 - Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the orders of the 1st respondent in No.Z / 103 / 2024-AHS-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, 4th respondent in Ref. No. 064981/ PME/2/ 2025 dated 18.07.2025 and 5th respondent in R.c.Affln. V (5) /16234/ 2025 dated 13.06.2025 and in Lr.No.Affln. III (2) / 21325/ 2026, dated 23.02.2026 and quash the same and directing the 5th respondent university to receive and process the application of the petitioner to increase in intake from 50 to 100 seats in the existing B.P.T. Courses in Allied Health Science programmes in the petitioner college, Viz.
, Rathinam College of Physiotherapy, Rathinam Tech Zone campus, Eachanari, Coimbatore- 641 021, in line with order dated 24.02.2026 and made in W.P. No.7446 of2026 without insisting on government order / no objection certificate / essentiality certificate from the Government of Tamil Nadu and grant provisional affiliation for increase in intake in existing B.P.T. Course in Allied Health Science.
PRAYER in W.P.No.10279/2026 - 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 1st respondent in No.Z / 103 / 2024-AHS-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, 4th respondent in Ref. No. 064981/ PME/2/ 2025 dated 18.07.2025 and 5th respondent in R.c.Affln.III(2) / 00366/ 2025 dated 10.01.2025 and R.C.No.Affln.V(5)/16234/2025 dated 13.06.2025 and in Lr.No. Affln.III(2) / 21325/2026, dated 23.02.2026 and quash the same and directing
the 5th respondent university to receive and process the application of the petitioner for increase of intake from 50 to 100 seats in the existing course B.P.T. Courses in Allied Health Science Programmes in the Petitioner College, viz., United College of Physiotherapy, No.2, Gudalur Municipality G.Koundampalayam, Periyanaickenpalayam, Coimbatore 641020, in line with order dated 24.02.2026 and made in WP No. 7446 of 2026 without insisting on government order/ no objection certificate/ essentiality certificate from the Government of Tamil Nadu and grant provisional affiliation for increase in intake in existing B.P.T. Course in Allied Health Science. PRAYER in W.P.No.
12881/2026 - 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 1st Respondnet in No. Z / 103/ 2024- AHS DOHFW Department dated 09.12.2024 2nd Respondnet dated 10.06.2025 3rd Respondent in Letter No. E 5426 / PME -2 / 2025-2 dated 26.06.2025 4th respondnet 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 for increase of intake from 50 to 100 seats in the existing course viz.
Bachelor of Physiotherapy in the petitioners institute, Mahendra College of Physiotherapy, Minnampalli, Valappadi Taluk, Salem District in line with order dated 24.04.2026 and made in W.p. no 7576 of 2026 without insisting on government order / no Objection certificate / essentially certificate from the Government of Tamil nadu and grant continuance of provisional affiliation.
Ms.A.Bharathi (In W.P.Nos.9575 & 9580/2026)
For Petitioner(s):
Mr.Kandhan Duraisami (In W.P.Nos.10279 & 12881/2026) For Respondent(s):
Mr.B.Rabu Manohar, SCGC, (For R1) (In all W.Ps.) Mr.E.Sundaram Government Advocate (For R2 to R4) Mr.Hari Radhakrishnan, Senior Counsel, (For R5) C O M M O N O R D E R These Writ Petitions have been filed seeking permission from the 5th respondent University to permit additional intake of the students in the existing B.P.T. Course (Bachelor of Physiotherapy). The respective petitioners have filed these Writ Petitions since there are no regulations earlier framed by the 1st respondent (National Commission for Allied and Healthcare Profession). Since there were no regulations framed by the National Commission for Allied and Healthcare Profession, (hereinafter referred to as NCAHP, in short), the similarly placed institutions had earlier filed Writ Petitions before this Court. It is an admitted fact that those Writ Petitions were allowed by the learned Single Judge, since regulations were not framed by NCAHP. Those institutions who had earlier filed Writ Petitions were permitted to increase their intake of
students in the B.P.T. Course. It is also an admitted fact that, aggrieved by the same, a Writ Appeal was filed and the Division Bench of this Court partly allowed the Writ Appeal by permitting the existing colleges who were already having the said Course to increase the intake of students as well as to start new courses. However, the Division Bench did not permit new institutions to start new Courses and admit students for the said new Courses. In these Writ Petitions, the respective petitioners are recognised institutions who have been authorised to conduct B.P.T. Courses. In view of the same, the decision of the Division Bench of this Court referred to supra applies to these institutions. 2.
The petitioner had to file these Writ Petitions since in the Division Bench order, it was made clear that the said order was restricted to the institutions, who had earlier approached this Court by filing Writ Petitions. 3.Now, it is brought to the notice of this Court by the learned counsel for the petitioner that the NCAHP (1st respondent) has now issued a circular dated 08.04.2026, which are transitory instructions prior to the framing of the regulations and as per para 4.
with the approved curricular is allowed, subject to the fulfilment of the conditions mentioned in the circular dated 08.04.2026. 4.Learned counsel for the petitioners would also point out that as per the transitory instructions issued by the NCAHP, there is no requirement for the respective petitioners to seek "no objection certificate" from the State Government since the respective petitioners are already having essentiality certificates from the State Government issued earlier. 5.Learned counsel for the petitioners would submit on instructions that the petitioners are willing to abide by the instructions dated 08.04.2026, issued by the NCAHP.
6.In view of the same, these Writ Petitions are disposed of by directing the respective petitioners to comply with the conditions stipulated under para 4.2 of the instructions issued by the NCAHP (1st respondent) dated 08.04.2026, which are reproduced hereunder:- "4.2. Increase in seat intake capacity (minimum/maximum) for existing courses of Allied and Healthcare institutions
aligning with the approved curricula is allowed, subject to the following conditions:
4.2.1. Adoption of approved curricula, degree nomenclature, admission eligibility criteria and other common criteria relating to the respective Allied and Healthcare course(s) as approved by NCAHP.
4.2.2. Physical infrastructure, laboratories and faculty requirements are to be aligned with the approved curricula.
4.2.3. Availability of clinical practising facility of the institution running the courses or MoU/contract with the practising facility aligning with the curricula.
4.2.4.
Seats intake capacity (minimum/maximum) in the course shall align with the approved curricula.
4.2.5. Inspection may be carried out by the State Government/UT/University.
The inspection team shall have atleast three members, and out of these, two members shall be expert Allied and Healthcare Professionals of the concerned domain (course), preferably from the State Allied and Healthcare Council (SAHC)/ Government sector. The institution will keep the details of the inspection report for future verification."
7.On compliance of the aforesaid conditions by the respective petitioners, the 5th respondent shall pass a final order, permitting the petitioners to increase the intake of the students for the academic year 2026-2027, within a period of two months from the date of the petitioners complying with the conditions as stipulated in para 4.2 of the instructions dated 08.04.2026. Being a consent order, the question of law raised in these Writ Petitions is left open for this Court to decide in another matter. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. 09-04-2026 Index: Yes/No (1/2) Speaking/Non-speaking order GSA To
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.
6. Tamil Nadu State Allied And Healthcare Council Represented by its Secretary, Kanthanchavadi, Chennai 96.
7. The Government Of Tamil Nadu Represented by its Principal Secretary, Health And Family Welfare department, Fort St.George, Chennai 09.
ABDUL QUDDHOSE, J.
GSA
8. THE DIRECTOR OF MEDICAL EDUCATION and Research, [FAC] Chetpet, Chennai 31.
9. The Tamil Nadu Dr. Mgr Medical University Represented by its Registrar, [FAC] Anna Salai, Guindy, Chennai 600032.
WP Nos.9575, 9580, 10279 and 12881 of 2026 and W.M.P. Nos.14080 & 11141 of 2026 09-04-2026 (1/2)