Supreme Court Disposes Plea Against Moratorium On Allied Health Courses After NCAHP Issues Guidelines For 2026-27

The Supreme Court on April 9 disposed of special leave petitions challenging a moratorium imposed on granting permission to start additional allied and healthcare courses, after taking note of a fresh framework issued by the National Commission for Allied and Healthcare Professions (NCAHP) to facilitate approvals for the academic year 2026-27.

A Bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe recorded that the regulatory mechanism under the National Commission for Allied and Healthcare Professions Act, 2021 is being put in place and that the directions issued by the NCAHP through its letter dated April 8, 2026 would enable institutions to seek permissions to offer additional courses.

The plea arises from writ petitions filed by the aggrieved Dr Dayal Institute of Paramedical Technology before the Rajasthan High Court, which were dismissed by the single Judge and the division bench of the High Court.

A bench comprising Justice PS Narasimha and Justice Alok Aradhe heard the matter. Vide an order dated April 7, the bench had asked the Officer-in-Charge of the National Commission for Allied and Healthcare Profession (NCAHP) of the Ministry of Health and Family Welfare, to be present and explain reasons for the delay in bringing the Regulation into force.

During the hearing, the Court expressed concern that the delay in framing regulations had effectively paralysed the functioning of State-level laws governing paramedical education after the Central statute came into force. It stated that regulations governing paramedical courses under the statutes have not been framed even five years after the Act's enactment.

Additional Solicitor General Kanakamedala Ravindra Kumar brought to the Court's notice a letter of NCAHP, as per which some directions have been issued on April 8, 2026 for starting new Undergraduate and Postgraduate Degree and Diploma courses for the academic year 2026-27 till the regulations are notified.

The communication clarified that:

• Existing allied and healthcare courses whose curricula have been approved by the NCAHP may continue to operate, subject to compliance with prescribed infrastructure, faculty and clinical facility requirements.
• Institutions may increase seat intake capacity for existing courses, provided they align with approved curricula and undergo inspection by competent authorities.
• New courses in approved disciplines may be started in existing or new institutions upon obtaining an Essentiality Certificate from the State Government and meeting specified standards.
• Courses in professions whose curricula have not yet been approved cannot be commenced.

The NCAHP also clarified that approvals granted under these transitional instructions would not confer vested rights and that institutions would be required to comply with the final regulations once notified.

Being satisfied with the recourse offered by Umesh Balonda, Secretary of NCAHP, Advocate Chandrasheker Chakkalabbi(for the petitioner) requested that the SLP may be disposed of in terms of the said letter. Considering this, the bench disposed of the SLP 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."

In 2024, the Court had issued a direction to implement 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 the Centre and States over the failure to comply with the direction.

Case Details: DR. DAYAL INSTITUTE OF PARAMEDICAL TECHNOLOGY v. THE STATE OF RAJASTHAN & ORS.|Special Leave to Appeal (C) No(s). 31145/2025

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Appearances: For Petitioner(s) :Mr. Chandrasheker Chakkalabbi, Adv. Mr. Shreyansh Mardia, Adv. Mr. Ojaswa Pathak, Adv. Mr. S.k Pandey, Adv. Mr. Anshul Rai, Adv. M/s Dharmaprabhas Law Associates, AOR

For Respondent(s) :Mr. Kanakamedala Ravindra Kumar, A.S.G. Mr. Siddhant Gupta, Adv. Mr. Aditya Kumar, Adv. Mr. Devraj Bhattacharjee, Adv. Mr. Sanjay Kr.tyagi, Adv. Ms. Swati Ghildiyal, Adv. Mr. Rajesh Kr.singh, Adv. Mr. Adit Khorana, Adv. Mr. Rajan Kr.chourasiya, Adv. Mr. Pranay Ranjan, Adv. Mr. Annam Venkatesh, Adv. Mr. Rajeev Ranjan, Adv. Mr. Rajat Nair, Adv. Mr. Bhuvan Kapoor, Adv. Mr. T.s.sabarish, Adv. Mr. Ishaan Sharma, Adv Mrs. Madhulika Upadhyay, Aor, Adv. Mr. Raj Bahadur Yadav, AOR