Allahabad HC Dismisses Plea Of Paramedical Council Seeking Legitimacy To Exercise Function Within Domain Of Legislative Power

The Allahabad High Court has recently dismissed a plea filed by the Paramedical Council of India seeking legitimacy to exercise a function within the domain of the legislative power of the Parliament exercisable under the Union List of the Seventh Schedule of the Constitution.

A Division Bench comprising Justice Surya Prakash Kesarwani and Justice Jayant Banerji observed, “Given the mandate of the Act in general and of Section 40 of the Act in particular, the petitioner cannot be permitted to grant recognition to institutions imparting education and training or register any such institution, except in accordance with, and to the extent permissible under the scheme and terms of the Act. No mandamus, as sought for, can be issued.”

The Bench considered all the provisions under the National Commission for Allied and Healthcare Professions Act, 2021, and concluded that the entire Act is a comprehensive enactment dealing with certain aspects.

Advocate Abhay Raj Yadav appeared on behalf of the petitioner while ASGI Anurag Sharma appeared on behalf of the respondent.

In this case, the petitioner filed a writ petition for a direction to the respondent to permit it to function as Paramedical Council to grant recognition and to register the Institutions, imparting education in the field of Paramedical Courses until the formation of any Regulatory Body for Paramedicals by the respondents and not to interfere in peaceful functioning of the petitioner in imparting the paramedical education and training.

The High Court after hearing the contentions of both parties said, “A perusal of the entire Act reveals that it is a comprehensive enactment dealing with the aspect of education, registration and licencing of allied and healthcare professional, regulation of allied and healthcare institutions and other related matters.”

Accordingly, the Court dismissed the writ petition.

Cause Title- Paramedical Council of India v. Union of India and Another

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