Allowed

Allied Health Student and Professional Association v. Government of Karnataka

Karnataka HC13 Jun 2023WP/4434/2022

Case brief

AI extract

What is this about?

This writ petition challenged the State's failure to constitute a State Council under the National Commission for Allied and Health Care Professions Act, 2021. The Court held that students pursuing such courses have a legal right to benefits under the Act and directed the State to constitute the Council.

What did the court decide?

Respondents directed to constitute a State Council under Section 22(1) of the Professions Act 2021 within four months.

Allied Health Student and Professional Association… — Service and Employment | Karnataka HC (2023)

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NC: 2023:KHC:20208 WP No. 4434 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.4434 OF 2022 (EDN-RES)

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BETWEEN:

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ALLIED HEALTH STUDENT AND PROFESSIONAL ASSOCIATION A REGISTERED ASSOCIATION HAVING ITS OFFICE AT P.O. KOVOOR, KOZHIKODE KERALA STATE-673008 REPRESENTED BY ITS PRESIDENT MR MUHAMMAD KHALEEL P T AGED ABOUT 26 YEARS S/O MR ABDUL SALAM

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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MR LITTO K S S/O SABU K S AGED ABOUT 25 YEARS RESIDING AT KATTUPALATH, MALOTH VALLIKADAVU, KASARGOD KERALA-671533

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MR SUHAIR C S/O ABDULLAKKUTTY AGED ABOUT 25 YEARS RESIDING AT CHALIL, KIZHAKKOTH KILAKKOTH, KOZHIKODE KERALA-673572

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NC: 2023:KHC:20208 WP No. 4434 of 2022

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MR. SHARFAD S/O HUSSAIN AGED ABOUT 26 YEARS VELUTHA PARAMBATH KURINHALIYODE P.O, ERAMALA KOZHIKODE, KERALA-673542

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MR MOHAMMED RAFEEQ C K S/O ABOOBACKER C K AGED ABOUT 27 YEARS AMBAYATHIL, AREEKODE CHEMMARAKKATTUR, MALAPPURAM KERALA-673639

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…PETITIONERS

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(BY SRI. SIDDHARTH B MUCHANDI, ADVOCATE)

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AND:

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GOVERNMENT OF KARNATAKA BY THE DEPARTMENT OF HEALTH AND FAMILY WELFARE VIDHANA SOUDHA BENGALURU -560001 REPRESENTED BY THE PRINCIPAL SECRETARY

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PRINCIPAL SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT VIDHANA SOUDHA BENGALURU - 560001

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DIRECTORATE OF MEDICAL EDUCATION GOVERNMENT OF KARNATAKA

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3 - NC: 2023:KHC:20208 WP No. 4434 of 2022

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ANAND RAO CIRCLE BENGALURU - 560009

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…RESPONDENTS

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(BY SMT.PRAMODHINI KISHAN, AGA FOR R.1 TO R.3)

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THIS WRIT PETITION IS FILED PRAYING TO DIRECT THE RESPONDENTS TO CONSTITUTE STATE COUNCIL VIZ. STATE ALLIED AND HEALTH CARE COUNCIL U/S 22 OF THE NATIONAL COMMISSION FOR ALLIED AND HEALTH CARE PROFESSIONS ACT, 2021 AND ETC.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The captioned writ petition is filed seeking following reliefs:

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"a) Directing the respondents to constitute State Council viz. State Allied and Health Care Council under Section 22 of the National Commission for Allied and Health Care Professions Act, 2021.

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b) Directing to admit and recognize such courses in order to apply for the Government Services, through Public Service Commissioner and other employment.

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4 - NC: 2023:KHC:20208 WP No. 4434 of 2022

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c) Grant such other order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity."

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Facts leading to the case are as under;

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Petitioner No.1 is the registered Association formed for redressing the grievance of Allied Health Science Professionals, who have studied in and outside Karnataka State. The petitioner Nos.2 to 5 are the students and professionals, who are pursuing Allied Health Sciences Course in Karnataka.

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The petitioners claim that the National Commission for Allied and Healthcare Professions Act was enacted in the year 2021. The object of the Act is to provide for regulation and maintenance of standards of education and services by allied and healthcare professions. The petitioners further claim that under Sub-Section (1) of Section 22 of the National Commission for Allied and Healthcare Professions Act, 2021 (for short 'Professions

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Act' 2021) provides that every State Government shall, by notification, constitute a State Council to be called the State Allied and Healthcare Council for exercising such powers and discharging such duties as may be laid down under this 'Professions Act' 2021.

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The captioned writ petition is filed by the petitioners feeling aggrieved by inaction on the part of respondents - State in not constituting a State Council in terms of Section 22 of the 'Professions Act' 2021. The petitioners claim that on account of non-constitution of State Council, the students are deprived of securing jobs in the Hospitals and other Institutions. Therefore, they are compelled to knock the doors of this Court seeking appropriate reliefs.

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Heard learned counsel appearing for the

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petitioners and learned AGA. Perused the records.

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Learned AGA has placed reliance on the Notification dated 18.05.2023. Referring to the said

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Notification, she would point out that on account of scarcity of experienced professionals in the specific category in Allied and Healthcare Professions, the State and Union Territories are unable to constitute the State Council and it is, in this context, there is no compliance with the provisions of Section 22 of the 'Professions Act' 2021. As rightly pointed out by the learned counsel appearing for the petitioner, the Ministry of Health and Family Welfare has extended the time stipulated under the 'Professions Act' 2021 on two occasions.

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Want of adequate experienced professions as

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indicated in the Notification dated 18.05.2023 will not itself constitute valid reason for State in not taking appropriate measures and steps to constitute a State Council as indicated in the 'Professions Act' 2021. Petitioner Nos.2 to 5, who are pursuing the Allied Health Science Courses, are entitled to take all the benefits indicated in the 'Professions Act' 2021. If students are pursuing Allied Health Science Courses to secure jobs

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under the 'Professions Act' 2021, the states are bound to constitute the State Council and if such State Council is constituted, then the State Council has to maintain online and live State Register of persons in separate parts for each of the recognized categories to be known as the State Allied and Healthcare Professionals' Register. In this register, the information of each students relating to his qualification has to be maintained. The State Register shall also contain the details of academic qualification, institutions, training, skill and competencies of Allied and Healthcare Professionals relating to their profession in the manner as may be specified by regulations. The students, who have completed Allied Health Science Professional Course, are entitled to get their names entered in the State Register provided that they hold recognized Allied and Healthcare Qualification.

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If students names are entered in the State Register, they are also entitled to secure certificate in that regard. If these significant details are taken into

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consideration, then I am of the view that petitioner Nos.1 to 5 have got a legal right and there is a corresponding duty cast on the State to constitute State Council in terms of Section 22 of the 'Professions Act' 2021. The State has been seeking shelter under the extension of time granted by the Ministry of Health and Family Welfare Notification.

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Though a statement is made by the learned AGA that the draft is already submitted to the Government to be placed before the Cabinet for approval, I am of the view that this is a fit case where mandamus issues in the interest of students, who are pursuing Allied Health Science Professional Course, whose service has become more relevant in the present prevailing situation.

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This Court has also taken cognizance of the Notification issued by two States pursuant to enactment of Allied and Health Care Professions Act, 2021. If States like Andhra Pradesh and Kerala have already constituted State Council, this State, which is better placed in all the fields, is expected to constitute a State Council at the

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earliest. If the State claims that it is in accelerated mode to woo potential investment in the Health Care Centre, then the object of 'Professions Act' 2021 is to be implemented with true spirit. If State intends to strengthen the Heath Care infrastructure and also expects investments from public and private entities, which would

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in the end create umpteen opportunity to the Health Science Professionals, State Government is bound to traverse extra mile in constituting the State Council forthwith. I hope State will take cognizance of the fact that skilling or developing Health Care resources is the biggest challenge as well as an opportunity and therefore, by constituting State Council, the meritorious Health Science Professionals should be afforded with an effective platform to enroll with the State Register and further, they are entitled to secure Certificate in that regard.

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In view of the above, I proceed to pass the following;

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NC: 2023:KHC:20208 WP No. 4434 of 2022

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ORDER

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(i) The writ petition is allowed .

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(ii) The respondents - State is hereby directed to constitute a State Council in terms of Sub-Section (1) of Section 22 of the 'Professions Act' 2021 within a period of four months.

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(iii) I.A.No.1/2022 is also disposed of accordingly.

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Sd/JUDGE

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NBM

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List No.: 1 Sl No.: 1

Allied Health Student and Professional Association v. Government of Karnataka

Case brief

What is this about?

What did the court decide?

Allied Health Student and Professional Association v. Government of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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