Supreme Court Issues Notice To Centre On Plea To Frame Regulations Under National Commission For Allied & Healthcare Professions Act

Gursimran Kaur Bakshi

10 Aug 2026 6:08 PM IST

  • Supreme Court Issues Notice To Centre On Plea To Frame Regulations Under National Commission For Allied & Healthcare Professions Act
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    The Supreme Court today(August 10) issued notice in a writ petition filed by the Federation of Self Financing Technical Institutions(FSFTI) seeking framing of mandatory regulations under the National Commission for Allied and Healthcare Professions (NCAHP) Act, 2021.

    A bench comprising Justice PS Narasimha and Justice Alok Aradhe issued notice to the Union, the National Commission for Allied and Healthcare Professions, LK Gujral Punjab Technical University(IKGPTU) and Maharaja Ranjit Singh Punjab Technical University(MRSPTU).

    Advocate Meenesh Dubey argued that no formal regulations have been framed despite the passage of five years since the Act was enforced. This has left the sector exposed to uncertainty as it's mostly governed by a series of shifting executive circulars, notices, corrigenda and communications, causing continuing and irreparable prejudice to institutions, universities and students across the country.

    Dubey took the example of the NEET exam, which was made a mandatory eligibility for Bachelor of Physiotherapy (BPT) and Bachelor of Occupational Therapy (BOT) courses, but it was withdrawn in less than two months, creating uncertainty for the students.

    He also pointed out that as per Section 22(1) of the Act, every State government was mandated to constitute a State Council within 6 months. However, States like Chandigarh, Delhi, Haryana, Puducherry, Ladakh and Lakshadweep have failed to establish councils.

    He submitted: "[In] NCAHP, 2021, in the last five years, there has been no regulation, my lords. Mylords, they have changed the criteria by issuing a letter. In ten States, there are no State Councils."

    To this, Justice Narasimha said: "We already once directed."

    It may be recalled that in Joint Forum of Medical Technologists of India v UOI(2024) directed the Union and the State Governments to take necessary steps to implement the provisions of the Act on or before October 12, 2024 and file compliance on the same.

    Subsequently, in Dr Dayal Institute of Paramedical Technology v State of Rajasthan(2026), the Court summoned the Officer-in-Charge to personally explain the delay and observed that the continuing delay in bringing the regulations into force was "paralysing the entire process". However, on April 9, the bench disposed of the matter, taking on record the Commission's communication that the framing of the regulation is underway.

    Dubey further added that two universities, IKGPTU and MRSPTU, have not given affiliation for the 42nd academic year to institutions offering allied and healthcare profession courses, and the last date is August 14. He stated that 20,000 are at the verge of being affected.

    The FSFTI has approached the Court through its President, Dr Anshu Kataria. It has prayed that the respondents frame and notify the statutory regulations governing admissions, eligibility, etc in terms of Sections 11, 22, 40 and 60 of the 2021 Act.

    Case Details: FEDERATION OF SELF FINANCING TECHNICAL INSTITUTIONS (FSFTT) AND ORS. Versus UNION OF INDIA AND ORS| W.P.(C) No. 972/2026

    Gursimran Kaur Bakshi

    Gursimran Kaur Bakshi

    Gursimran is the Principal Correspondent with LiveLaw for the Supreme Court. She can be reached out at: simrankaurbakshi@livelaw.in

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