Sri Ramakrishna Institute Of Paramedical Sciences v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-04-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 9432 of 2026 & WMP.Nos.10152 & 10153 of 2026 Sri Ramakrishna Institute of Paramedical Sciences College of Physiotherapy, An Educational Institution established by S.N.R.. Sons Charitable Trust, Rep. By its Principal Mr. V. Seetharaman, 395, Sarojini Naidu Road, Sidhapudur, Coimbatore -641 044 ..Petitioner Vs
1. The Government Of Tamil Nadu Rep. By Principal Secretary, Health and Family Welfare Department, Fort St. George, Chennai-600 009
2. Tamil Nadu State Allied Healthcare Council, Rep. By Secretary, Kanthanchavadi, Chennai-600 095
3. The Tamil Nadu D.M.G.R. Medical University, Rep. By its Registrar, No.6, Anna Salai, Guindy, Chennai-600 032 ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for records relating to the impugned letters in Lr.No.Affln. III(2)/21325/2026 and in Lr. No. Affln.III(2)/21269/2026 both dated 23.02.2026 on the file of the 3rd Respondent and quash the same and consequently Direct the 3rd Respondent to receive and process the Petitioners application for enhancement of intake
capacity from the existing 50 seats to 100 seats in the Bachelor of Physiotherapy (B.P.T) Degree Course and from the existing 17 seats to 32 seats in the Master of Physiotherapy (M.P.T.) Degree Course in the Petitioner's College of Physiotherapy.
For Petitioner :
Mr.Mr. Advaidh Nelakanttan.R for M/s. ARK Law Associates For Respondents :
Mr. K. Tippu Sulthan, Govt. Advocate for R1 & R2 M/s. Hari Radhakrishnan for R3
ORDER
Challenging the letters issued by the 3rd respondent dated 23.02.2026 rejecting the request of the petitioner for enhancement of seats in BPT Degree Course and MPT Degree Course, the present writ petition is filed.
2. Learned counsel for the petitioner would submit that the petitioner is a well established Institute of Paramedical Sciences administering a college of Physiotherapy and other courses under the aegis of S.N.R.Sons Charitable Trust, a public charitable trust which has been engaged in the filed of education and healthcare for over five decades in the state of Tamil Nadu. At present the petitioner College is affiliated to 3rd respondent University. The petitioner College is presently conducting Bachelor or of Physiotherapy Degree Course with an approved intake of 50 seats and Master of Physiotherapy Degree
Course with an approved intake of 17 seats. In order to enhance intake capacity in future, the petitioner College has made substantial infrastructure facilities such as faculty and clinical facilities. Therefore, seeking enhancement of intake capacity from 50 to 100 seats in BPT and from 17 to 32 seats in MPT course respectively, the petitioner college submitted a letter dated 09.02.2026 before the 3rd respondent. However, vide the impugned letter dated 23.02.2026, the 3rd respondent mechanically rejected the petitioner's request placing reliance on executive communications and Government Orders which have already been quashed by this Court and subsequently affirmed by a Division Bench of this Court. He further submitted that the impugned rejection is arbitrary, illegal, and suffer from non application of mind. Challenging the same, the present writ petition is filed.
3. Today, when the matter is taken up for consideration, learned counsel appearing for the petitioner submitted that the issue arising herein is no longer res integra and the same was decided by a Division Bench of this Court in its judgment dated 02.12.2025 in W.A.Nos.3213, 3277 and 3678 of 2025, in the case of Union of India, Ministry of Health Care and Family Welfare Vs Sri Rengasamy Educational Trust, represented by its Administrative Officer. Accordingly, he prayed for issuance of appropriate orders.
4. Learned Senior Counsel appearing for the 1st respondent, on
instructions, would submit that this court may pass similar orders in this writ petition also in terms of the order passed in the Writ Appeals cited supra.
5. Heard the learned counsel for the petitioner and the learned Govt. Advocate appearing for the respondents 1 and 2 and the learned counsel appearing for the 3rd respondent and perused the order passed by the Division Bench of this Court dated 02.12.2025 made in W.A.Nos.3213, 3277 and 3678 of 2025, wherein, in paragraph 46, the Honourable Division Bench has 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 and writ petition with the following order:
(i) That insofar as the impugned order passed by the learned Writ Court dated 16.09.2025 is concerned, the two directions given by the learned Single Judge in Paragraph No.19 of the impugned order would sustain and accordingly, it is sustained. For the sake of clarity, we make it clear that, the applications submitted by the existing institutions/writ petitioners in this batch of cases, alone shall be processed by the State authorities, very particularly, Dr.MGR Medical University and necessary orders shall be passed thereon on merits and in accordance with law before 20.12.2025 for the academic year 2025-26. (ii) It is made clear that if the State authorities/University find that there is any lacuna or deficiencies in the infrastructure and instructional facilities, those applications can be rejected. (iii) Insofaras the applications made by the existing institutions/writ petitioners for seeking additional intake in the existing course, such applications also be processed by the State Agency/Dr MGR Medical University as we directed in the earlier directions.
(iv) Insofar as the application submitted by any of the writ petitioner institution or educational agency, to start a new institution, the said application shall not be processed by any of the State agencies or the University and such an application can be kept pending until the State Council constituted under the Act is made fully functional after the regulation under section 66 of the Act is made ready in all respects. Till such time, no new institution shall be permitted by any authority of the State including the University.
47. With all these directions, the writ appeals and writ petition are disposed of on the terms indicated above. However, there shall be no order as to costs....."
6. It is seen that the issue arisen herein in the present writ petition is no longer res integra and the similar issue was already decided by the Division Bench of this Court vide its judgment dated 02.12.2025 in W.A.Nos.3213, 3277 and 3678 of 2025 in the case of Union of India, Ministry of Health Care and Family Welfare Vs Sri Rengasamy Educational Trust, represented by its Administrative Officer.
7. However, learned counsel appearing for the 3rd respondent/University submitted that subsequent to the abovesaid order passed by the Division Bench of this Court, the National Commission for Allied and Healthcare Profession had issued a circular dated 08.04.2026, wherein, in paragraph 4.2, it is stated as follows:
'4.2.
Increase in seat intake capacity (minimum/maximum) for existing courses of Allied and
Healthcare institutions aligning with the approved cirricula 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. 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.' He would further submit that if the petitioner satisfies condition No.4.2, of the above circular dated 08.04.2026, additional intake will be taken up in terms of the Division Bench judgment, dated 02.12.2025 cited supra.
8. In response, the learned counsel for the petitioner would submit that the communication dated 08.04.2026 will not affect the petitioner's case in terms of
the order passed by the Division Bench of this Court, dated 02.12.2025.
9. In view of the above, this Writ Petition is disposed of in terms of the similar order passed in W.A.Nos.3213, 3277 and 3678 of 2025, dated 02.12.2025 in the case of Union of India, Ministry of Health Care and Family Welfare Vs Sri Rengasamy Educational Trust, represented by its Administrative Officer. No costs. Consequently, the connected miscellaneous petitions are closed.
15-04-2026 Index: Yes/No Speaking/Non-speaking order MSR To
1. The Government Of Tamil Nadu Rep. By Principal Secretary, Health and Family Welfare Department, Fort St. George, Chennai-600 009
2. Tamil Nadu State Allied Healthcare Council, Rep. By Secretary, Kanthanchavadi, Chennai-600 095
3. The Tamil Nadu D.M.G.R. Medical University, Rep. By its Registrar, No.6, Anna Salai, Guindy, Chennai-600 032
M.DHANDAPANI J.
msr WP No. 9432 of 2026 & WMP.Nos.10152 & 10153 of 2026 15-04-2026