Revathi Charity Trust v. Union of India

ORDER This writ petition is filed challenging the order of the first respondent in No.Z/103/2024-AHS-DOHFW DEPARTMENT dated 09.12.2024, second respondent dated 10.06.2025, third respondent in Letter No.e5426/ Page3 of 7 PME-2/2025-2 dated 26.06.2025 and Lr.No.e656/PME-2/2026-1 dated

27.01.2026, fourth respondent in Ref.No.064981/PME/2/2025 dated 18.07.2025 and fifth respondent in R.C.No.Affln.V(5)/16234/2025 dated 13.06.2025 and to quash the same and to direct the fifth respondent University to receive and process the application of the petitioner for increase of intake from 50 to 100 seats in the existing course viz., Bachelor of Physiotherapy in the Petitioner's institute, Revathi Institute of Physiotherapy, Velayuthampalayam, Tirupur District in line with order dated 19.01.2026 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 continuance of provisional affiliation.

¶2When the matter came up for hearing, the learned counsel for both sides submitted that they are ad idem that this matter is covered by the judgement passed earlier in W.P.No.49983 of 2025. The entire order is extracted hereunder:- "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 Page4 of 7 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.

¶2When 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 W.A.Nos.3213, 3277 & 3678 of 2025 and W.P.No.40016 of 2025, dated 02.12.2025.

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

¶4On 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.

¶5In 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/103/2024-Page5 of 7 AHS-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 of Tamil Nadu and grant continuance of provisional affiliation. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

¶3In view thereof, the writ petition is also allowed on the same terms. No costs. Consequently, connected miscellaneous petition is closed. 12-02-2026 NSL Page6 of 7 To

¶1Union of India, Ministry of Health and Family Welfare, National Commission for Allied and Healthcare Profession, represented by its Secretary/Joint Secretary to GOI, NIHFW Campus, New Delhi - 110 067.

¶2The Secretary, Tamil Nadu State Allied and Healthcare Council, Kanthanchavadi, Chennai - 600 096.

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

¶4The Director of Medical Education and Research, Chetpet, Chennai - 600 031.

¶5The Registrar, The Tamil Nadu Dr.M.G.R.Medical University, Anna Salai, Guindy, Chennai - 600 032. WPoNo.o5294oofo2026 D.BHARATHAoCHAKRAVARTHY,oJ. NSL WPoNo.o5294oofo2026 12-02-2026 Page7oofo7

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-02-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.5805 of 2026 Revathi Charity Trust, represented its Managing Trustee, No.10, Valayankadu Main Road, Kumaran Nagar West, Tirupur - 641 603. ..Petitioner Vs 1. Union of India, Ministry of Health and Family Welfare, National Commission for Allied and Healthcare Profession, represented by its Secretary/Joint Secretary to GOI, NIHFW Campus, New Delhi - 110 067. 2. Tamil Nadu State Allied and Healthcare Council, Represented by its Secretary, Kanthanchavadi, Chennai - 600 096. 3. The Government of Tamil Nadu, represented by its Secretary, Health and Family Welfare Department, Fort St. George, Chennai - 600 009. 4. The Director of Medical Education and Research, Chetpet, Chennai - 600 031. 5. The Tamil Nadu Dr.M.G.R.Medical University, represented by its Registrar, Anna Salai, Guindy, Chennai - 600 032. ..Respondents Page2 of 7 Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records of respondents relating to the orders of the first respondent in No.Z/103/2024- AHS-DOHFW DEPARTMENT dated 09.12.2024, second respondent dated 10.06.2025, third respondent in Letter No.e5426/ PME-2/2025-2 dated 26.06.2025 and Lr.No.e656/PME-2/2026-1 dated 27.01.2026, fourth respondent in Ref.No.064981/PME/2/2025 dated 18.07.2025 and fifth respondent in R.C.No.Affln.V(5)/16234/2025 dated 13.06.2025 and quash the same and directing the fifth respondent University to receive and process the application of the petitioner for increase of intake from 50 to 100 seats in the existing course viz., Bachelor of Physiotherapy in the Petitioner's institute, Revathi Institute of Physiotherapy, Velayuthampalayam, Tirupur District in line with order dated 19.01.2026 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 continuance of provisional affiliation. For Petitioner: Mr.Kandhan Duraisami For Respondents: Mr.B.Rabu Manohar, Senior Central Government Standing Counsel for R1 Mr.E.Sundaram Government Advocate for R2 to R4 Mr.Hari Radhakrishnan for R5