A Bench comprising Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe observed that the regulatory system under the National Commission for Allied and Healthcare Professions Act, 2021 is being operationalised, and that the directions issued by NCAHP through its letter dated April 8, 2026 would allow institutions to apply for permissions to introduce additional courses.
The matter originated from writ petitions filed by the aggrieved Dr Dayal Institute of Paramedical Technology before the Rajasthan High Court, which were dismissed both by a single judge and later by a division bench. The case was heard by a Bench of Justice PS Narasimha and Justice Alok Aradhe. Earlier, through an order dated April 7, the Bench had directed the Officer-in-Charge of the NCAHP under the Ministry of Health and Family Welfare to appear before the Court and explain the delay in bringing the regulations into effect.
During the proceedings, the Court expressed serious concern that the delay in framing regulations had effectively stalled the functioning of State-level laws governing paramedical education after the Central legislation came into force. The Bench noted that even five years after the enactment of the Act, the necessary regulations governing paramedical courses had not been framed. Additional Solicitor General Kanakamedala Ravindra Kumar informed the Court about an official communication issued by NCAHP, which contained directions dated April 8, 2026. These directions enable institutions to begin new undergraduate and postgraduate degree and diploma programmes for the 2026–27 academic year until formal regulations are notified.
As per the communication, the following clarifications were issued:
- Existing allied and healthcare programmes with curricula already approved by NCAHP may continue, provided they meet the required standards of infrastructure, faculty, and clinical facilities.
- Institutions are permitted to enhance seat intake in existing courses, subject to alignment with approved curricula and successful inspection by competent authorities.
- New courses in approved disciplines can be introduced in both existing and new institutions after obtaining an Essentiality Certificate from the State Government and fulfilling prescribed norms.
- Courses in professions where curricula have not yet received approval cannot be initiated.
The NCAHP further clarified that permissions granted under these interim guidelines would not create any vested rights. Institutions must comply with the final regulations once they are officially notified.
After taking note of the remedial measures presented by Umesh Balonda, Advocate Chandrasheker Chakkalabbi (appearing for the petitioner) requested that the Special Leave Petition (SLP) be disposed of in terms of the NCAHP’s letter. Accepting this request, the Bench disposed of the matter, stating:
"The NCAHP will ensure that all authorities or the duty bearers under the NCAHP Act, coupled with those to whom the letter dated 08.04.2026 is addressed, act efficiently and ensure that applications are taken up and disposed of expeditiously. The obligation to monitor such an action is certainly on the NCAHP."
Earlier, in 2024, the Court had directed the implementation of the National Commission for Allied and Healthcare Professions Act. In February this year, a Bench led by Justice Vikram Nath issued a contempt notice to both the Centre and State governments for failing to comply with that directive.
Case Details: DR. DAYAL INSTITUTE OF PARAMEDICAL TECHNOLOGY v. THE STATE OF RAJASTHAN & ORS. | Special Leave to Appeal (C) No(s). 31145/2025