Kerala High Court
Dr. A.P. Majeed Khan vs The Kerala State Allied And Healthcare ... on 13 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:32702
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(C) NO. 4776 OF 2025
PETITIONER:
DR. A.P. MAJEED KHAN,
CHAIRMAN,
NOORUL ISLAM EDUCATIONAL TRUST (NIMS),
RALUMOOD, NEYYATTINKARA, THIRUVANANTHAPURAM,
PIN - 695001
BY ADVS.
M.SASINDRAN
JOGGY MATHUNNI
RESPONDENTS:
1 THE KERALA STATE ALLIED AND HEALTHCARE COUNCIL,
GOVERNMENT MEDICAL COLLEGE CAMPUS,
MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN - 695011
2 THE CHAIRMAN,
KERALA STATE ALLIED AND HEALTHCARE COUNCIL
GOVERNMENT MEDICAL COLLEGE CAMPUS,
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM,
PIN - 695011
3 THE NATIONAL COMMISSION FOR ALLIED AND
HEALTHCARE PROFESSIONS,
REPRESENTED BY ITS SECRETARY,
NEW DELHI, PIN - 110001
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WP(C) No.4776 of 2025
2
4 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
REPRESENTED BY ITS REGISTRAR,
THRISSUR, PIN - 680001
5 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT
DEPARTMENT OF HEALTH SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
6 THE ADDITIONAL CHIEF SECRETARY
HEALTH AND FAMILY WELFARE (K) DEPARTMENT
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
7 UNION OF INDIA,
REPRESENTED BY UNDER SECRETARY,
MINISTRY OF HEALTH AND FAMILY AFFAIRS
NEW DELHI, PIN - 110011
BY ADVS.
SRI. BINNY THOMAS
SRI. P.SREEKUMAR (SR.)(K/410/1994)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.02.2025 AND THE COURT ON 13.05.2025
DELIVERED THE FOLLOWING:
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WP(C) No.4776 of 2025
3
CR
JUDGMENT
Dated this the 13th day of May, 2025
The NIMS College of Developmental Therapy has
been established under Noorul Islam Educational Trust. The
Chairman of the Trust is the petitioner in this writ petition.
2. The College sought No Objection Certificate
from the Government of Kerala to start BSc (Developmental
Therapy) Course with 30 seats. The Government of Kerala,
after making necessary inspections, issued order dated
21.02.2024, granting No Objection Certificate. The Kerala
University of Health Sciences granted provisional affiliation on
condition that the petitioner shall obtain permission from the
Kerala State Allied and Healthcare Council.
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3. In the meanwhile, the National Commission
for Allied and Healthcare Professions issued communication
dated 01.07.2024 directing Chairperson of the State Council
to seek clarification from the State Council and directed the
2nd respondent to stop such courses, if found necessary,
under intimation to the National Commission.
4. The College thereupon filed W.P.(C)
No.45233/2024 before this Court contending that starting of
BSc (Development Therapy) Course will not in any manner
affect the students of other disciplines and since the
Government has granted NOC and the University has granted
affiliation, the petitioner cannot be prevented from starting the
Course. This Court disposed of the said writ petition directing
the 1st respondent-Kerala State Allied and Healthcare Council
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to consider Ext.P11 representation and take appropriate
decision.
5. The 1st respondent rejected the
representation stating that Developmental Therapy does not
form part of the recognised categories as per the National
Commission for Allied and Healthcare Professions Act, 2021
and the Kerala State and Healthcare Council cannot grant
permission to the petitioner to propose BSc (Developmental
Therapy) Course. Aggrieved by Ext.P13 order of the State
Council, the petitioner has filed this writ petition.
6. The petitioner states that the State Statute
mandates the State Council to take a decision on the
application. Ext.P13 is the decision of the Chairperson. The
Chairperson has no authority to reject the application of the
petitioner. Ext.P13 is therefore unsustainable. There is no
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consideration of the course contents with reference to the
statutory provisions while issuing Ext.P13. Ext.P13 has been
issued in a casual manner without any reason.
7. The Chairman has not examined the course
content with reference to the provisions of the Act. The
provisions of a Statute will not be inoperative for the reason
that rules are not framed. The National Commission has not
prohibited granting of permission to an approved course.
Ext.P13 is an affront to the legislative intention behind
enactment of the Act, 2021.
8. I have heard the learned counsel for the
petitioner, the learned Government Pleader representing
respondents 1 and 2, the learned Deputy Solicitor General of
India-in-Charge representing respondents 3 and 7 and the
learned Standing Counsel for the 4th respondent.
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9. The application of the petitioner for
permission to start the BSc (Developmental Therapy) Course
stands rejected as per Ext.P13 order. Ext.P13 order is under
challenge. The National Commission for Allied and Healthcare
Professions Act, 2021 is intended to provide for regulation and
maintenance of Standards of Education and Services by
Allied and Healthcare Professionals, assessment of
institutions, etc. As per the Act, 2021, no allied and
healthcare institution shall open a new or higher course of
study or training, which would enable students of each course
of study or training to qualify for the award of any recognised,
allied and healthcare qualification, except with the previous
permission of the State Council.
10. The Schedule to the Act gives 10 recognised
categories and 57 Allied and Healthcare Professionals who
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are entitled to register and practice as allied and healthcare
professionals. The areas of expertise expected from allied
and healthcare professionals under each category are
provided in the Schedule. The category "Developmental
Therapy" does not form part of the recognised categories as
per the Act, 2021.
11. Section 66 of the NCAHP Act, 2021 provides
that the Commission may, after public consultation and with
the previous approval of the Central Government, make
regulations generally to carry out the purposes of the Act.
Section 66(2) provides that the regulations may provide for
the manner of providing basic standards of education,
courses, curricula, physical and infrastructural facilities, staff
patterns, staff qualifications, quality instructions, assessment,
examination, etc. Therefore, any course carrying the
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elements of allied and healthcare categories detailed in the
Act can be initiated only after the regulations are notified. The
statutory provisions being so, I do not find any illegality in
Ext.P13 order of the 1st respondent.
The writ petition is without any merit and hence
dismissed.
Sd/-
N.NAGARESH
JUDGE
spk
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APPENDIX OF WP(C) 4776/2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE SCHEDULE PRESCRIBED
UNDER SECTION 2(S) OF THE ACT
Exhibit P2 A TRUE COPY OF THE COURSE CONTENTS OF
BACHELOR OF SCIENCE IN DEVELOPMENTAL
THERAPY PUBLISHED BY THE KERALA
UNIVERSITY OF HEALTH SCIENCES
Exhibit P2(a) A TRUE COPY OF THE MINIMUM STANDARD
REQUIREMENT FOR B.SC. DEVELOPMENT
THERAPY PUBLISHED BY THE UNIVERSITY
Exhibit P3 A TRUE COPY OF THE ORDER G.O.(MS)
NO.43/2024 / H & FWD DATED 21-02-2024
ISSUED BY THE GOVERNMENT
Exhibit P4 A TRUE COPY OF THE NOTIFICATION
NO.25494/2019/AC1/GEN.A2/KUHS DATED
17-10-2023 ALONG WITH THE EXTRACTS
FROM THE LIST OF COURSES
Exhibit P5 A TRUE COPY OF THE ORDER U.O.NO.1289 /
2024 / ACADEMIC /KUHS DATED 05-12-2024
ISSUED BY THE UNIVERSITY GRANTING
AFFILIATION
Exhibit P6 A TRUE COPY OF THE ORDER DATED 12-08-
2024 IN W.P.(C) 983/2023 OF THE
SUPREME COURT
Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 05-
11-2024 IN W.P.(C) 27239/2024 AND
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CONNECTED CASES
Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 05-
11-2024 IN W.P.(C) NO.26496/2024 AND
CONNECTED CASES
Exhibit P9 A TRUE COPY OF THE SCHEDULE UNDER
SECTION 11 OF THE REHABILITATION OF
INDIA ACT
Exhibit P10 A TRUE COPY OF THE LETTER DATED 01-07-
2024 ISSUED BY THE NATIONAL COMMISSION
FOR ALLIED AND HEALTHCARE PROFESSIONS
Exhibit P11 A TRUE COPY OF THE APPLICATION DATED
06-12-2024 SUBMITTED BY THE PETITIONER
BEFORE THE FIRST RESPONDENT
Exhibit P12 A TRUE COPY OF THE JUDGMENT DATED 19-
12-2024 IN W.P.(C) 45233/2024
Exhibit P13 A TRUE COPY OF THE ORDER
NO.1/KESAHC/2025 DATED 20-01-2025
ISSUED BY THE 2ND RESPONDENT
