# Paramedical Council of India v. U.O.I. & Ors

- **Citation:** (2023) 3 ILRA 335
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-02-02
- **Case number:** Writ C No. 28379 of 2022
- **Bench:** Surya Prakash Kesarwani, Jayant Banerji
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/paramedical-council-of-india-v-u-o-i-ors-49810
- **Pages:** 7

## Headnote

A. Civil Law - National Commission for
Allied and Healthcare Professions Act,
2021 - Sections 2(d), 2(j), 10, 11, 22, 29,
30, 31, 32 & 40 - Paramedical courses -
Recognition to the institution - Claim by
the petitioner to grant the recognition -
Permissibility - Held, 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 & ors.
related matters - 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. (Para 9 and 10)
336 INDIAN LAW REPORTS ALLAHABAD SERIES
Writ petition dismissed. (E-1)

## Text

3 All. Paramedical Council of India Vs. U.O.I. & Ors.
335
cancellation of character certificate is under
preparation by the State Government, we
direct the State Government, as under:

(i) Paragraph nos. 6, and 6ch
under paragraph no.3 of the aforequoted
Government Order shall be enforced by the
State Government and all concerned
authorities forthwith.

(ii) Representation made by a
person under the aforequoted paragraph
nos. 6, or 6ch of the G.O. dated 02.02.2023
shall be disposed of by the concerned
Divisional Commissioner within six weeks
from
the
date
of
submission
of
representation by a speaking and reasoned
order,
after
affording
reasonable
opportunity of hearing to all the parties
concerned.

(iii) Since these writ petitions are
pending from several months before this
Court, therefore, we grant 30 days' time to
all the petitioners to make a representation
before Divisional Commissioner under the
aforequoted paragraph nos. 6, or 6ch, as the
case may be, within one month from today,
against the order of the District Magistrate.

(iv)
Where
the
District
Magistrate/Collector does not pass any
order
on
the
character
certificate
application of an applicant within one
month from the date of submission of
application, such applicant shall also have a
right to make a representation before the
Divisional Commissioner, who shall issue
appropriate order within six weeks from the
date of submission of representation, after
affording reasonable opportunity of hearing
to the parties concerned.

(v) Modalities for grant, rejection,
suspension or cancellation etc. of character
certificates shall be finalized and an
appropriate Government Order containing
the modalities shall be issued by the State
Government within six weeks from today.

9. With the aforesaid directions, all
the writ petitions are disposed of.

10. This order shall be communicated
by the learned Additional Advocate General
to the State Government within three days
for compliance.
----------
(2023) 3 ILRA 335
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 02.02.2023

BEFORE

THE HON'BLE SURYA PRAKASH
KESARWANI, J.
THE HON'BLE JAYANT BANERJI, J.

Writ C No. 28379 of 2022

Paramedical Council of India ...Petitioner
Versus
U.O.I. & Ors. ...Respondents

Counsel for the Petitioner:
Sri Abhay Raj Yadav

Counsel for the Respondents:
A.S.G.I., Sri Anurag Sharma

A. Civil Law - National Commission for
Allied and Healthcare Professions Act,
2021 - Sections 2(d), 2(j), 10, 11, 22, 29,
30, 31, 32 & 40 - Paramedical courses -
Recognition to the institution - Claim by
the petitioner to grant the recognition -
Permissibility - Held, 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 & ors.
related matters - 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. (Para 9 and 10)
336 INDIAN LAW REPORTS ALLAHABAD SERIES
Writ petition dismissed. (E-1)

(Delivered by Hon'ble Surya Prakash
Kesarwani, J.
&
Hon'ble Jayant Banerji, J.)

1. Heard Shri Abhay Raj Yadav,
learned counsel for the petitioner and Shri
Anurag
Sharma,
learned
Central
Government Standing Counsel.

2. The petitioner has filed the present
writ petition for a direction to the
respondent to permit the petitioner 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.

3. A perusal of this writ petition
reveals that the petitioner is infact seeking
legitimacy to exercise a function that is
within the domain of the legislative power
of the Parliament exerciseable under the
Union List of the Seventh Schedule of the
Constitution of India.

4. The learned Central Government
Standing Counsel has placed before us a
copy of the Gazette notification of the
National Commission for Allied and
Healthcare
Professions
Act,
20211.
Sections 2(d) and 2(j) of the Act define
"allied health professional" and "healthcare
professional" respectively as follows:-

"(d) "allied health professional"
includes
an
associate,
technician
or
technologist who is trained to perform any
technical and practical task to support
diagnosis and treatment of illness, disease,
injury or impairment, and to support
implementation of any healthcare treatment
and referral plan recommended by a
medical, nursing or any other healthcare
professional, and who has obtained any
qualification of diploma or degree under
this Act, the duration of which shall not be
less than two thousand hours spread over a
period of two years to four years divided
into specific semesters.

......................

2(j)
"healthcare
professional" includes a scientist, therapist
or other professional who studies, advises,
researches,
supervises
or
provides
preventive,
curative,
rehabilitative,
therapeutic or promotional health services
and who has obtained any qualification of
degree under this Act, the duration of
which shall not be less than three thousand
six hundred hours spread over a period of
three years to six years divided into specific
semesters."

5. Chapter II of the Act provides for
constitution of a Commission called the
National Commission for Allied and
Healthcare Profession for exercising such
powers and discharging such duties as may
be laid down under the Act. Under Section
10 of the Act, the Commission is
empowered
to
constitute
Professional
Council for every recognised category of
the allied and healthcare professionals
specified in the Schedule to the Act. Under
Section 11, the duty of the Commission is
to take all such steps as it may think fit for
ensuring
coordinated
and
integrated
development of education and maintenance
of the standards of delivery of services
under the Act and for purposes of
performing its functions, the Commission
may frame policies and standards for the
3 All. Paramedical Council of India Vs. U.O.I. & Ors.
337
governance of allied and healthcare related
education
and
professional
services;
regulate the professional conduct, code of
ethics and etiquette to be observed by the
allied and healthcare professionals; to
create and maintain an up-to-date online
and live Central Register; provide scope of
practice of each profession; provide basic
standards of education, courses, curricula,
etc.; provide for qualification, uniform
entry
examination
with
common
counselling for admission into institutions
at the diploma, undergraduate, postgraduate
and doctoral level; provide for exit or
licensing examinations for professional
practice or entrance into postgraduate or
doctoral level and National Teachers
Eligibility Test for academicians, etc.
Under Section 12 of the Act, the Central
Government is empowered to constitute an
Advisory
Council
to
advise
the
Commission on the issues relating to allied
and healthcare professionals.

6. Chapter III of the Act deals with
State Allied and Healthcare Council.
Section 22 of the Act authorises the State
Government to constitute a State Council
for exercising such powers and discharging
such duties as may be laid down under the
Act. Section 29 empowers the State
Council
to
constitute
the
specified
Autonomous Board for regulating the allied
and healthcare professionals.

7. Sections 29, 30, 31 and 32 of the
Act read as follows:-

"29. (1) The State Council shall,
by notification, constitute the following
Autonomous Boards for regulating the
allied
and
healthcare
professionals,
namely,--

(a) Under-graduate Allied and
Healthcare Education Board,

(b)
Post-graduate Allied
and
Healthcare Education Board,

(c)
Allied
and
Healthcare
Professions Assessment and Rating Board,
and

(d)
Allied
and
Healthcare
Professions Ethics and Registration Board.

(2) The Autonomous Boards
constituted under sub-section (1) shall
consist of a president and such number of
members from each recognised category as
may be specified by the regulations and
shall
be
appointed
by
the
State
Government.

(3) The Under-graduate Allied
and Healthcare Education Board and Postgraduate Allied and Healthcare Education
Board shall determine standards of allied
and healthcare education at the graduate,
postgraduate level and super-speciality
level, develop competency based on
dynamic curriculum content, reviewing
institutional
standards
against
norms,
faculty development, approval of courses
of recognised qualification and other
functions as entrusted by the State Council
for Under Graduate Education and Post
Graduate Education.

(4) The Allied and Healthcare
Profession Assessment and Rating Board
shall determine the procedure for the
assessment and rating of allied and
healthcare institutions by providing for
inspection of institutions, grant permission
for establishment of new allied and
healthcare institutions and seat capacity,
empanelling assessors, imposing warnings
or fines, recommend for withdrawal of
recognition of institutions and any other
function as entrusted by the State Council
to
ensure
maintenance
of
minimum
essential standards.

(5) The Allied and Healthcare
Profession Ethics and Registration Board
shall maintain online and live State
338 INDIAN LAW REPORTS ALLAHABAD SERIES
Registers of all licensed allied and
healthcare
practitioners
in
the
State,
regulate the professional conduct and
promotion of ethics and undertake any
other function as entrusted by the State
Council.

(6) The Under-graduate Allied
and Healthcare education or Post-graduate
Allied and Healthcare education or Allied
and Healthcare Professions Assessment and
Rating or Allied and Healthcare Professions
Ethics and Registration shall perform such
other functions as may be specified by
regulations.

30. It shall be the duty of the
State Council to take all such steps as it
may think fit for ensuring the co-ordinated
and integrated development of education
and maintenance of the standards of
delivery of services under this Act and, for
the purposes of performing its functions,
the State Council shall-

(a) enter the name of the
recognised
categories,
enforce
the
professional conduct, code of ethics and
etiquette to be observed by the allied and
healthcare professionals in the State and
take disciplinary action, including the
removal of a professionals' name from the
State Register;

(b) ensure minimum standards of
education, courses, curricula, physical and
instructional facilities, staff pattern, staff
qualifications,
quality
instructions,
assessment, examination, training, research,
continuing professional education;

c)
ensure
uniform
entry
examination with common counselling for
admission into the allied and healthcare
institutions at the diploma, undergraduate,
postgraduate and doctoral level under this
Act;

(d)
ensure
uniform
exit
or
licensing examination for the allied and
healthcare professionals under this Act;

(e) inspect allied and healthcare
institutions
and
register
allied
and
healthcare professionals in the State;

(f) ensure compliance of all the
directives issued by the Commission;

(g) provide minimum standards
framework for machineries, materials and
services;

(h) approve or recognise courses
and intake capacity for courses;

(i) impose fine upon institutions
in order to maintain standards; and

(j) perform such other functions
as may be entrusted to it by the State
Government for implementation of the
provisions of this Act.

31. The State Council may
constitute as many professional Advisory
Boards as may be necessary to examine the
issues relating to one or more recognised
categories and to recommend the State
Council and also to undertake any other
activity as may be authorised by the State
Council.

32. (1) The State Council shall
maintain online and live State Register of
persons in separate parts for each of the
recognised categories to be known as the
State Allied and Healthcare Professionals'
Register which shall contain information
including
the
name
of
person
and
qualifications relating to any of their
respective recognised categories in such
manner as may be specified by regulations.

(2) The State Register shall
contain
the
details
of
academic
qualification institutions, training, skill and
competencies of Allied and Healthcare
Professionals related to their profession in
the manner as may be specified by
regulations.

(3) The State Register shall be
deemed to be a public document within the
meaning of the Indian Evidence Act, 1872,
3 All. Paramedical Council of India Vs. U.O.I. & Ors.
339
and may be proved by a certified copy
provided by the State Council."

8. Chapter V of the Act deals with
establishment of new allied and healthcare
institutions. Section 40 reads as follows:-

"40.
(1)
Notwithstanding
anything contained in this Act or any other
law for the time being in force, on and from
the date of commencement of this Act-

(a) no person shall establish an
allied and healthcare institution; or

(b) no allied and healthcare
institution shall--

(i) open a new or higher course of
study or training (including post-graduate
course of study or training) which would
enable students of each course of study or
training to qualify himself for the award of
any recognised allied and healthcare
qualification; or

(ii)
increase
its
admission
capacity in any course of study or training
(including post-graduate course of study or
training); or

(iii) admit a new batch of students
in any unrecognised course of study or
training (including post-graduate course of
study or training), except with the previous
permission of the State Council obtained in
accordance with the provisions of this Act:

Provided that the allied and
healthcare qualification granted to a person
in respect of a new or higher course of
study or new batch without previous
permission of the State Council shall not be
a
recognised
allied
and
healthcare
qualification for the purposes of this Act:

Provided further that where there
is no State Council constituted by a State
Government, the Commission shall give
the previous permission for the purposes of
this section.

(2)(a) Every person or allied and
healthcare institution shall, for the purpose
of obtaining permission under sub-section
(1), submit to the State Council a scheme in
accordance with the provisions of clause
(b).

(b) The scheme referred to in
clause (a) shall be in such form and contain
such particulars and be preferred in such
manner and be accompanied with such fee
as may be prescribed by the Central
Government.

(3) On receipt of a scheme under
sub-section (2), the State Council may
obtain such other particulars as may be
considered necessary by it from the person
or the allied and healthcare institution
concerned, and thereafter, it may,--

(a) if the scheme is defective and
does not contain any necessary particulars,
give a reasonable opportunity to the person
or
allied
and
healthcare
institution
concerned
for
making
a
written
representation and it shall be open to such
person or allied and healthcare institution
to rectify the defects, if any, specified by
the State Council;

(b) consider the scheme, having
regard to the factors referred to in subsection (5).

(4) The State Council may, after
considering the scheme and after obtaining,
where necessary, such other particulars
under sub-section (2) as may be considered
necessary by it from the person or allied
and healthcare institution concerned, and
having regard to the factors referred to in
sub-section (5), either approve with such
conditions, if any, as it may consider
necessary or disapprove the scheme and
any such approval shall constitute as a
permission under sub-section (1):

Provided that no such scheme
shall be disapproved by the State Council
except after giving the person or allied and
340 INDIAN LAW REPORTS ALLAHABAD SERIES
healthcare
institution
concerned
a
reasonable opportunity of being heard:

Provided further that nothing in
this sub-section shall prevent any person or
allied and healthcare institution whose
scheme has not been approved by the State
Council to submit a fresh scheme and the
provisions of this section shall apply to
such scheme, as if such scheme had been
submitted for the first time under subsection (2).

(5) The State Council shall, while
passing an order under sub-section (4),
have due regard to the following factors,
namely:--

(a) whether the proposed allied
and healthcare institution or the existing
allied and healthcare institution seeking to
open a new or higher course of study or
training, would be in a position to offer the
basic standards of education as specified by
regulations;

(b) whether the person seeking to
establish an allied and healthcare institution
or the existing allied and healthcare
institution seeking to open a new or higher
course of study or training or to increase its
admission capacity has adequate financial
resources;

(c) whether necessary facilities in
respect
of
staff,
equipment,
accommodation, training, hospital and
other facilities to ensure proper functioning
of the allied and healthcare institution or
conducting the new course of study or
training or accommodating the increased
admission capacity have been provided or
would be provided as may be specified in
the scheme;

(d) whether adequate facilities,
having regard to the number of students
likely to attend such allied and healthcare
institution or course of study or training or
as a result of the increased admission
capacity, have been provided or would be
provided as may be specified in the
scheme;

(e) whether any arrangement has
been made or programme drawn to impart
proper training to students likely to attend
such allied and healthcare institution or the
course of study or training by the persons
having the recognised allied and healthcare
qualifications;

(f) the requirement of manpower
in the allied and healthcare institution; and

(g) any other factors as may be
specified by regulation.

(6) Where the State Council
passes an order under sub-section (4), a
copy of the order shall be communicated to
the person or allied and healthcare
institution as the case may be.

Explanation.--For the purposes of
this section,--

(a)
"person"
includes
any
University, institution or a trust, but does
not include the Central Government or
State Government;

(b)
"admission
capacity",
in
relation to any course of study or training
(including post-graduate course of study or
training) in an allied and healthcare
institution, means the maximum number of
students as may be decided by the State
Council from time to time for being
admitted to such course of study or
training."

9. 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.

10. Given the mandate of the Act in
general and of Section 40 of the Act in
particular,
the
petitioner
cannot
be
3 All. Lucknow Eye Hospital Vs. U.O.I. & Ors.
341
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.

11. For all the reasons stated above,
the writ petition is dismissed.
----------
(2023) 3 ILRA 341
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 14.02.2023

BEFORE

THE HON'BLE MRS. SANGEETA CHANDRA, J.
THE HON'BLE MANISH KUMAR, J.

Writ C No. 29501 of 2017

Lucknow Eye Hospital ...Petitioner
Versus
U.O.I. & Ors. ...Respondents

Counsel for the Petitioner:
Vijay Dixit

Counsel for the Respondents:
C.S.C.,
A.S.G.,
Arun
Pratap
Singh,
Madhukar
Ojha,
Prasoon
Srivastava,
Sanjeev Singh, Satyajit Banerji, Taranjeet
Singh Makker

A. Insurance Law - Unorganized Workers'
Social Security Act, 2008 - Rashtriya
Swastha Bima Yojana - The beneficiaries,
who are non BPL categories of informal
Sector, were entitled to hospitalization
coverage of upto Rs. 30,000/- for most of
the diseases - Insurance policy - Nonpayment of premium - Effect - Held,
insurance coverage of the insured is as per
the premium paid. Existence/continuance
of any policy is dependant on payment of
premium and non payment of the same
would result in the end of the Insurance
Policy and claim could be repudiated on
that ground alone. (Para 40)

B. Constitution of India - Article 226 -
Writ - Judicial review - Scope - Contract
between the petitioner and Insurance
company - How far can be interfered with
- Held, it is a non statutory contract which
has an arbitration clause appended to it
which had been signed by the petitioner
with open eyes. If the petitioner claims
any
breach
of
such
contract,
the
appropriate remedy for the petitioner is to
approach
the
alternative
Dispute
Redressal Forum/ Arbitral Tribunal as
mentioned
in
clause
16.7
of
the
agreement. (Para 42 and 52)

Writ petition dismissed. (E-1)

List of Cases cited :-

1. Ram Barai Singh and Co. Vs St. of Bihar &
ors.; (2015) 13 SCC 592

2. M/s. Surya Constructions Vs The St. of U.P. &
ors.; (2019) 16 SCC 794

3. ABL International Ltd. & anr.. Vs Export
Credit Guarantee Corp. of India Limited & ors.;
(2004) 3 SCC 553

4. Civil Appeal Nos. 3504-3505 OF 2010; Gas
Authority of India Ltd. Vs Indian Petrochemicals
Corporation Ltd. & ors. decided on 08.02.2023

5. Mah. Chess Association Vs U.O.I. & anr.;
(2020) 13 SCC 285

6. Writ-C No. 18949 of 2019; Anand Polyclinic
and Trauma Centre & anr. Vs St. of U.P. and 3
others decided on 07.08.2019

7. Writ-C No. 1048 of 2019; Jeevan Dhara
Hospital and Research Centre & anr. Vs St. of
U.P. & ors. decided on 05.07.2019

8. Interim Order dated 21.05.2019 in Writ-C
No.17347 of 2019; M/s Ashirwad Hospital and
Research Centre & anr. Vs U.O.I. & ors.

9. Radhakrishna Agarwal Vs St. of Bihar; (1977)
3 SCC 457