The Supreme Court has directed the Chief Secretaries and Health Secretaries of all States and Union Territories, along with the National Commission for Allied and Healthcare Professions, to file compliance affidavits detailing the steps taken to implement the provisions of the National Commission for Allied and Healthcare Professions Act, 2021.

A bench of Justice Vikram Nath and Justice Sandeep Mehta observed that its directions issued nearly two years ago for implementation of the Act, including notification of councils and framing of rules and regulations, have still not been fully complied with.

The Court warned that if the directions are not complied with by the next date, the Court would be compelled to require the personal attendance of all concerned officers. The matter has been listed for hearing on September 22, 2026.

“Taking note of the fact that till date the directions given in the order dated 12th August, 2024 have not been fully complied either by the National Commission or by the States, we direct the Chief Secretaries and the Health Secretaries of all the States and the Union Territories and so also the National Commission to file affidavits of compliance giving details of the notification of the councils, framing of the rules under Section 68(2)(a-e) and framing of the regulations under Section 66 by the National Commission and with regard to all other actions required to be taken under order dated 12th August, 2024”, the Court ordered.

The Court further directed that a copy of its order be immediately sent to the Chief Secretaries and Home Secretaries of all States, the administrators of Union Territories, and the National Commission to ensure compliance.

“A copy of this order shall be forthwith transmitted to Chief Secretaries and Home Secretaries of all the States, the administrators of the Union Territories and the National Commission for ensuring compliance and filing the compliance affidavits by the next date failing which this Court shall be compelled to require personal attendance of all the officers concerned.”

The Court was hearing a writ petition filed by the Joint Forum of Medical Technologists of India (JFMTI) and others seeking implementation of the 2021 Act.

During the hearing, the petitioners submitted that the National Commission had still not framed the regulations under the 2021 Act. It was further submitted that only 15 States had framed the rules and constituted the councils, but these had either not been notified or remained virtually non-functional. The petitioners contended that the absence of regulations and non-notification of the councils was resulting in continued violation of the Act and also amounted to non-compliance with the Supreme Court's August 12, 2024 order.

Additional Solicitor General Vikramjit Banerjee for the Union of India submitted that the obligation to carry out the necessary formalities under the Act lay largely with the States, and they should be directed to ensure compliance with both the Act and the Court's earlier order.

The Court noted that its directions issued on August 12, 2024 had not been fully complied with either by the National Commission or by the States, leading it to issue the present directions.

In its August 12, 2024 order, the Supreme Court had observed that although the National Commission for Allied and Healthcare Professions Act, 2021 had come into force on May 25, 2021, most of its provisions remained unimplemented even after more than three years.

The Court had also observed that the proliferation of illegal allied healthcare educational institutions and affiliating bodies was a matter of serious concern and there was no justification for the failure to implement the parliamentary legislation. In that order, the Supreme Court had directed the Union and State Governments to implement the provisions of the National Commission for Allied and Healthcare Professions Act, 2021 by October 12, 2024. It had also directed the Union Health Ministry to convene a meeting of State Health Secretaries to prepare a roadmap for implementation.

According to the petitioners, as per the initial timeline, the State Councils should have been constituted within six months. However, the Central Government repeatedly extended the timeline for its implementation and granted five such extensions due to which the Act was not implemented.

Appearance:

Additional Solicitor General Vikramjit Banerjee appeared for the Union of India. The petitioners were represented by Advocate-on-Record Joby P. Varghese, along with advocates Rashi, Aby P. Varghese and Jagmeet Singh Randhawa.

Case: Joint Forum of Medical Technologists of India (JFMTI) & Ors. v. Union of India & Ors., W.P.(C) No. 983/2023

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