Thandapani Pillai And Sons Educational Charitable Trust, v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.01.2026 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.55891, 55894, 55896 and 55897 of 2025 Thandapani Pillai and Sons Educational Charitable Trust, Rep. by its Managing Trustee, No.10A Perumal East Street Nagapattinam Educational Agency, Sir Issac Newton College of Physiotherapy, Andhanapeetai Post, Pappakoil, Nagapattinam - 611 102.
.. Petitioner
Versus
1. Union of India, Represented by the Secretary to Government, Ministry of Health and Family Welfare, Room No.402-D, Nirman Bhawan, New Delhi - 110 011.
2. State of Tamil Nadu Represented by the Secretary, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.
3. Tamil Nadu Dr.M.G.R.Medical University, Represented by its Registrar, 69, Anna Salai, Guindy, Chennai - 600 032.
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4. The National Commission for Allied and Healthcare Profession, Represented by its Secretary, 2nd Floor, Academic Block, NIHFW Campus, Munirka, New Delhi - 110 067.
5. Tamil Nadu State Allied and Healthcare Council Represented by its Secretary, No.359-361, DMS Complex, Anna Salai, Chennai - 600 006.
6. The Director of Medical Education, Government of Tamil Nadu, Kilpauk, Chennai - 600 010.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarifed Mandamus, calling for the records relating to the impugned orders passed by a. the 4th respondent in No.Z/103/2024-AHS-DOHFW DEPARTMENT, dated 09.12.2024, F.No.Z/103/2024-AHS-DOHFW, FTS No.8309547, dated 10.06.2025.
b. the impugned letter issued by the 5th respondent State Council dated 10.06.2025 and c. the impugned letter issued by the 3rd respondent University in R.C.No.Affln.V(5)/16234/2025, dated 13.06.2025 quash the same and direct the 3rd respondent university to receive and process the application of the petitioner college for increase of intake of seats in the existing course in the petitioner college namely Bachelor of Physiotherapy from 50 to 100 seats for the academic year 2025-26 without insisting on government order/no objection certificate/essentiality certificate from the Government of Tamil Nadu and grant continuance of 2/7
provisional affiliation.
For Petitioner : Mr.D.Prabhu Mukunth Arunkumar For Respondents : Mr.B.Babu Manohar, for RR-1 and 4 : Mr.E.Sundaram, Government Advocate, for RR-2, 5 and 6 : Ms.C.Latharani, Standing Counsel for R3
ORDER
This Writ Petition is filed challenging a) the impugned order passed by the fourth respondent in No.Z/103/2024-AHS-DOHFW DEPARTMENT, dated 09.12.2024, F.No.Z/103/2024-AHS-DOHFW, FTS No.8309547, dated 10.06.2025; b) the impugned letter issued by the fifth respondent State Council dated 10.06.2025 and c) the impugned letter issued by the third respondent University in R.C.No.Affln.V(5)/16234/2025, dated 13.06.2025 and quash the same and direct the third respondent university to receive and process the application of the petitioner college for increase of intake of seats in the existing course in the petitioner college namely Bachelor of Physiotherapy from 50 to 100 seats for the Academic Year 2025-2026 without insisting on Government Order/No Objection Certificate/Essentiality Certificate from the Government of Tamil Nadu and grant continuance of provisional 3/7
affiliation.
2. When the matter is taken up for hearing, learned Counsel for the petitioner would submit that the issue involved in this Writ Petition is covered by the judgment of the Division Bench of this Court in W.A.Nos.3213, 3277 & 3678 of 2025 and W.P.No.40016 of 2025, dated 02.12.2025.
3. Learned Standing Counsel appearing on behalf of the University is not in a position to refute the same.
4. On a perusal of the impugned orders, it can be seen that, merely because the regulations have not been framed, the permission prayed for by the petitioner college has not been taken up and processed. The Hon'ble Division Bench of this Court vide judgment in W.A.Nos.3213, 3277 & 3678 of 2025 and W.P.No.40016 of 2025 dated 02.12.2025, has already decided the issue on hand. Useful reference can be made to paragraph Nos.36 and 37, wherein, the Division Bench has invoked the Doctrine of Necessity and directed the respondents to process the applications made by the existing institutions seeking additional intake 4/7
in the existing course.
5. In view thereof, this Writ Petition stands allowed. The impugned order passed by the fourth respondent in No.Z/103/2024-AHSDOHFW DEPARTMENT, dated 09.12.2024, F.No.Z/103/2024-AHSDOHFW, FTS No.8309547, dated 10.06.2025; the impugned letter issued by the fifth respondent State Council dated 10.06.2025 and the impugned letter issued by the third respondent University in R.C.No.Affln.V(5)/16234/2025, dated 13.06.2025, are quashed. The third respondent University shall process the application of the petitioner college for increase of intake of seats in the existing course in the petitioner college namely Bachelor of Physiotherapy from 50 to 100 seats for the Academic Year 2025-2026 without insisting on Government Order/No Objection Certificate/Essentiality Certificate from the Government of Tamil Nadu and grant continuance of provisional affiliation. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
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To
1. The Secretary to Government, Ministry of Health and Family Welfare, Room No.402-D, Nirman Bhawan, New Delhi - 110 011.
2. The Secretary, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.
3. The Registrar, Tamil Nadu Dr.M.G.R.Medical University, 69, Anna Salai, Guindy, Chennai - 600 032.
4. The Secretary, The National Commission for Allied and Healthcare Profession, 2nd Floor, Academic Block, NIHFW Campus, Munirka, New Delhi - 110 067.
5. The Secretary, Tamil Nadu State Allied and Healthcare Council No.359-361, DMS Complex, Anna Salai, Chennai - 600 006.
6. The Director of Medical Education, Government of Tamil Nadu, Kilpauk, Chennai - 600 010.
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D.BHARATHA CHAKRAVARTHY, J.
grs W.M.P.Nos.55891, 55894, 55896 and 55897 of 2025 19.01.2026 7/7