Revathi Charity Trust v. Union of India

ORDER In view of the nature of order that is passed, the Writ Petition is disposed of at the admission stage.

2.When the matter came up for admission, both sides learned counsel are ad idem that the matter is covered by the judgment of this Court in W.P.No.49983 of 2025 dated 19.01.2026. However, the only difference is the course which is prayed for in this case is M.Sc. The entire order that is passed in the said case is extracted herein for the ready reference. "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 Page4 of 6 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-AHS-DOHFW, FTS No.8309547, dated 10.06.2025; the impugned Page5 of 6 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."

3.In view of the above, this Writ Petition is also disposed of on the same terms. No costs. 17-02-2026 ep Page6 of 6

D.BHARATHA CHAKRAVARTHY, J. ep To

¶1Union 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.

¶2Tamil Nadu State Allied and healthcare Council rep by its Secretary, Kanthanchavadi, Chennai-600 096.

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

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

¶5The Tamil Nadu Dr. M.G.R.Medical Universit rep by its Registrar, Anna Salai, Guindy, chennai-600 032. 17-02-2026 (1/2)

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-02-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Revathi Charity Trust Rep. by its Managing Trustee, Dr.R.Eswaramurthi, No.10, Valayankadu Main Road, Kumaran Nagar West, Tirupur 641 603. ..Petitioner(s) Vs 1. 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. 2. Tamil Nadu State Allied and Healthcare Council, rep by its Secretary, Kanthanchavadi, Chennai- 600 096. 3. The Government of Tamil Nadu rep by its Secretary, Health and Family Welfare department, Fort St. George, Chennai- 600 009. Page2 of 6 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. ..Respondent(s) Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus or any other Writ, order or direction in the nature of a writ calling for records of Respondents relating to the orders of the 1st Respondent in No.Z/103/2024-AHS- DOHFW DEPARTMENT dated 09.12.2024, 2nd respondent dated 10.06.2025, 3rd respondent in Letter No.e5426/ PME- 2/ 2025-2 dated 26.06.2025 and Letter No.e695/ PME-2/ 2026-1 dated 30.01.2026, 4th Respondent in Ref. No.064981/PME/ 2/2025 dated 18.07.2025 and 5th Respondent in R.C.No.Affln. V (5)/ 16234/ 2025 dated 13.06.2025 and quash the same and directing the 5th Respondent University to receive and Process the application of the petitioner for starting additional course viz., PG Allied Health Science courses in the petitioner's college, Revathi college of Paramedical sciences, Poolakattupalayam, Velayuthampalayam, Tirupur District 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 PG Allied Health Science Courses from the year 2026-27. For Petitioner(s): Mr.Kandhan Duraisami For Respondent(s): Mr.B.Rabu Manohar Senior Standing Counsel for R1 Page3 of 6 Mr.E.Sundaram Government Advocate for R2 to R4 Mr.Sivavarthanan for R5