Nandha College of Physiotherapy Vs Union of India

Union Of India Ministry of Health and Family Welfare, National Commission for Allied and Healthcare Profession, Rep.by its Secretary/Joint Secretary to GOI, NIHFW Campus, New Delhi- 110 067.

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2.Tamil Nadu State Allied And Healthcare Council Rep.by its Secretary, Kanthanchavadi, Chennai- 600 096.

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3.The Government of Tamil Nadu Rep.by its Secretary, Health and Family Welfare Department, Fort St. George, Chennai- 600 009.

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4.The Director Of Medical Education and Research, Chetpet, Chennai-600 031. 5.The Tamil Nadu Dr. M.G.R.Medical University, Rep.by its Registrar, Anna Salai, Guindy, Chennai-600 032. … Respondents

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https://www.mhc.tn.gov.in/judis

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W.P.No.7568 of 2026

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Prayer in W.P.No.7568 of 2026 Writ Petition has been filed under Article 226

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of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of Respondents relating to the orders of the 1^st Respondent in No.Z/103/2024-AHS-DOHFW DEPARTMENT dated 09.12.2024, 2^nd respondent dated 10.06.2025, 3^rd respondent in Letter No.e5426/PME-2/2025-2 dated 26.06.2025 and 4^th Respondent in Ref. No.064981/PME/2/2025 dated 18.07.2025 and 5^th Respondent in R.C.No.Affln.V(5)/16234/2025 dated 13.06.2025 and quash the same and directing the 5^th Respondent University to receive and Process the application of the petitioner to increase in intake in the existing M.P.T. Course in Allied Health Science Programmes in the petitioner college, viz., Nandha College of Physiotherapy, Koorapalayam Pirivu Pitchandampalayam post, Erode District-638 052 in line with order dated 19.01.2026 and made in W.P.No.49983 of 2025 without insisting on Government Order/No objection Certificate/Essentiality Certificate from the Government of Tamil Nadu and Grant Provisional affiliation for starting additional intake in existing M.P.T., courses in Allied Health Science.

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For Petitioner: Mr.Kandhan Duraisami in both W.P’s

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For Respondents: Mr.K.Srinivasamurthy, in both W.P’s CGSC, for R1

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Mr.E.Sundaram, Government Advocate, for R2 to R4

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Mr.Sivavarthanan, for R4

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W.P.No.7568 of 2026

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O R D E R

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The writ petition is filed calling for the records relating to the impugned

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orders passed by the 1^st Respondent in No.Z/103/2024-AHS-DOHFW DEPARTMENT dated 09.12.2024, 2^nd respondent dated 10.06.2025, 3^rd respondent in Letter No.e5426/PME-2/2025-2 dated 26.06.2025 and 4^th Respondent in Ref. No.064981/PME/2/2025 dated 18.07.2025 and 5^th Respondent in R.C.No.Affln.V(5)/16234/2025 dated 13.06.2025 and quash the same and directing the 5^th Respondent University to receive and Process the application of the petitioner to increase in intake in the existing M.P.T. Course in Allied Health Science Programmes in the petitioner college, viz., Nandha College of Physiotherapy, Koorapalayam Pirivu Pitchandampalayam post, Erode District-638 052 in line with order dated 19.01.2026 and made in W.P.No.49983 of 2025 without insisting on Government Order/No objection Certificate/Essentiality Certificate from the Government of Tamil Nadu and Grant Provisional affiliation for starting additional intake in existing M.P.T., courses in Allied Health Science.

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When the matter came up for hearing, learned counsel appearing for both sides would submit that earlier the Hon’ble Division Bench of this Court in W.A.Nos.3213, 3277 & 3678 of 2025 and W.P.No.40016 of 2025 dated 02.12.2025 has already held that by invoking the doctrine of necessity in respect Page Nos.3/8

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W.P.No.7568 of 2026

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of the existing institutions, the request for starting new courses/additional institute can be considered in accordance with law notwithstanding the nonframing of regulations.

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Based on the same, several individual orders have also been passed by this Court. One such order passed by this Court in the earlier W.P.No.49983 of 2025 is extracted hereunder in toto for ready reference:-

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“ This Writ Petition is filed challenging a) the impugned order passed by the fourth respondent in No.Z/103/2024-AHS-DOHFW DEPARTMENT, dated 09.12.2024, F.No.Z/103/2024-AHS-DOHFW, FTS No.8309547, dated 10.06.2025; b) the impugned letter issued by the fifth respondent State Council dated 10.06.2025 and c) the impugned letter issued by the third respondent University in R.C.No.Affln.V(5)/16234/2025, dated 13.06.2025 and quash the same and direct the third respondent university to receive and process the application of the petitioner college for increase of intake of seats in the existing course in the petitioner college namely Bachelor of Physiotherapy from 50 to 100 seats for the Academic Year 2025-2026 without insisting on Government Order/No Objection Certificate/Essentiality Certificate from the Government of Tamil Nadu and grant continuance of provisional affiliation.

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2. When the matter is taken up for hearing, learned Counsel for the petitioner would submit that the issue involved in this Writ Petition is covered by the judgment of the Division Bench of this Court in

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W.P.No.7568 of 2026

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W.A.Nos.3213, 3277 & 3678 of 2025 and W.P.No.40016 of 2025, dated 02.12.2025.

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3. Learned Standing Counsel appearing on behalf of the University is not in a position to refute the same.

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4. On a perusal of the impugned orders, it can be seen that, merely because the regulations have not been framed, the permission prayed for by the petitioner college has not been taken up and processed. The Hon'ble Division Bench of this Court vide judgment in W.A.Nos.3213, 3277 & 3678 of 2025 and W.P.No.40016 of 2025 dated 02.12.2025, has already decided the issue on hand. Useful reference can be made to paragraph Nos.36 and 37, wherein, the Division Bench has invoked the Doctrine of Necessity and directed the respondents to process the applications made by the existing institutions seeking additional intake in the existing course.

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5. In view thereof, this Writ Petition stands allowed. The impugned order passed by the fourth respondent in No.Z/103/2024-AHS-DOHFW DEPARTMENT, dated 09.12.2024, F.No.Z/103/2024AHS-DOHFW, FTS No.8309547, dated 10.06.2025; the impugned letter issued by the fifth respondent State Council dated 10.06.2025 and the impugned letter issued by the third respondent University in R.C.No.Affln.V(5)/16234/2025, dated 13.06.2025, are quashed. The third respondent University shall process the application of the petitioner college for increase of intake of seats in the existing course in the petitioner college namely Bachelor of Physiotherapy from 50 to 100 seats for the Academic Year 2025-2026 without insisting on Government Order/No Objection Certificate/Essentiality Certificate from the Government

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W.P.No.7568 of 2026

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of Tamil Nadu and grant continuance of provisional affiliation. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.”

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In view thereof, this writ petition is also disposed of on the same terms.

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Additionally, it will be open for the authorities to verify the adequacy

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of the infrastructural and academic requirements by making an inspection and to inform the petitioner institution in respect of any shortcoming so that the same can be rectified. The proceedings can be undertaken and let the process and everything be completed and the permission be granted on or before 31.07.2026 so that the process can be undertaken well in time for the next year. Consequently, connected miscellaneous petition is closed. No costs.

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24-02-2026

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Neutral Citation:No bsm

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W.P.No.7568 of 2026

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To,

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The Secretary / Joint Secretary to GOI, Union of India, Ministry of Health and Family Welfare, National Commission for Allied and Healthcare Profession, NIHFW Campus, New Delhi- 110 067.

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The Secretary, Tamil Nadu State Allied And Healthcare Council, Kanthanchavadi, Chennai- 600 096. 3.The Secretary, Government Of Tamil Nadu Health and Family Welfare Department, Fort St. George, Chennai- 600 009.

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4.The Director Of Medical Education And Research Chetpet, Chennai-600 031.

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5.The Registrar, Tamil Nadu Dr.M.G.R.Medical University Anna Salai, Guindy, Chennai-600 032.

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W.P.No.7568 of 2026

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D.BHARATHA CHAKRAVARTHY, J. bsm