The Allahabad High Court dismissed the writ seeking direction to the respondent to permit the petitioner to function as a Paramedical Council to grant recognition and to register the Institutions, imparting education in the field of Paramedical Courses.
A division bench of this Court comprising Hon’ble Justice Surya Prakash Kesarwani and Jayant Banerji held that Petitioner can't grant recognition to institutions imparting education & training or register any such institution except in accordance with Act or scheme.
Brief Facts:
The petitioner filed the present writ petition for a direction to the respondent to permit the petitioner to function as Paramedical Council to grant recognition and to register the Institutions, imparting education in the field of Paramedical Courses until the formation of any Regulatory Body for Paramedicals by the respondents and not to interfere in peaceful functioning of the petitioner in imparting the paramedical education and training.
Contentions of the Respondent:
The learned Central Government Standing Counsel had placed a copy of the Gazette notification of the National Commission for Allied and Healthcare Professions Act, 2021 (“the act”). Sections 2(d) and 2(j) of the Act define “allied health professional” and “healthcare professional”. The learned Counsel submitted that under Chapter II and section 11 of the Act, the Commission is empowered to may frame policies and standards for the governance of allied and healthcare-related education and professional services; regulate the professional conduct, code of ethics and etiquette to be observed by the allied and healthcare professionals; provide for exit or licensing examinations for professional practice or entrance into postgraduate or doctoral level and National Teachers Eligibility Test for academicians, etc.
Observations of the Court:
After a perusal of the writ petition, it was revealed that the petitioner is seeking legitimacy to exercise a function that is within the domain of the legislative power of the Parliament exercisable under the Union List of the Seventh Schedule of the Constitution of India.
This Court after going through all the necessary provisions such as sections 22, 29, 30, 31, 32, and Chapters III and V of the act came to the conclusion that the entire act is a comprehensive enactment dealing with the aspect of education, registration, and licensing of allied and healthcare professional, regulation of allied and healthcare institutions and other related matters. Therefore, due to the mandate of the Act in general and of Section 40 of the Act in particular, the petitioner was not permitted to grant recognition to institutions imparting education and training or register any such institution, except in accordance with, and to the extent permissible under the scheme and terms of the Act.
The decision of the Court:
The Allahabad High Court, dismissing the petition, held that the petitioner cannot be permitted to grant recognition to institutions imparting education and training or register any such institution, except in accordance with, and to the extent permissible under the scheme and terms of the Act.
Case Title: Paramedical Council of India vs UOI and another
Coram: Hon’ble Justice Surya Prakash Kesarwani and Jayant Banerji
Case no.: WRIT - C No. - 28379 of 2022
Advocate for the Petitioner: - Abhay Raj Yadav
Advocate for the Respondents: - A.S.G.I.,Anurag Sharma
Read Judgment @LatestLaws.com
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