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Paramedical Council Of India vs Union Of India And Another

High Court Of Judicature at Allahabad|11 January, 2021

JUDGMENT / ORDER

Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Abhay Raj Yadav, learned counsel for the petitioner and Shri Shesh Mani Mishra, learned counsel for the respondents.
Present writ petition is preferred seeking following principal reliefs:-
"a) Issue a writ, order or direction in the nature of mandamus commanding the respondents to permit the petitioner to function as the 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 function of the petitioner imparting the paramedical education and training."
At the very outset, Shri Shesh Mani Mishra, learned counsel for the respondents has raised a preliminary objection regarding maintainability of the writ petition, as has been framed and drawn. He has drawn attention of the Court on the communication/letter dated 21.7.2020 sent by the Under Secretary to Government of India & CPIO, which is appended as Annexure No.7 to the writ petition, wherein the petitioner has been informed that there is no provision to give NOC to any trust or Organization/Association for the purpose of registration and teaching in the field of Paramedical, as there is no Central regulatory body for these professions.
A bare perusal of the aforesaid letter, it is clearly reflected that the Ministry of Health & Family Welfare, Government of India has taken initiative for formation of National Commission for Allied and Healthcare Professions (NCAHP) alongwith corresponding State Councils. The NCAHP Bill, 2020 for the same has been approved by the Cabinet and is expected to be introduced in the coming Session of Parliament. The Bill is for maintaining standards of education and practices for more than 50 Allied and Healthcare Professions.
Once the matter is ceased with the Ministry of Health & Family Welfare, Government of India and the law is to be formulated then at this stage the Court is not inclined to interfere in the matter. However, it is always open to the petitioner to press the relief at the appropriate time.
Accordingly, the writ petition is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicants alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 11.1.2021 RKP
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Title

Paramedical Council Of India vs Union Of India And Another

Court

High Court Of Judicature at Allahabad

JudgmentDate
11 January, 2021
Judges
  • Mahesh Chandra Tripathi
  • Sanjay Kumar Pachori