Supreme Court – Daily Orders
Joint Forum Of Medical Technologists Of … vs Union Of India on 28 July, 2026
Author: Vikram Nath
Bench: Vikram Nath
ITEM NO.8 COURT NO.2 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 983/2023
JOINT FORUM OF MEDICAL TECHNOLOGISTS OF INDIA
JFMTI & ORS. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
[ONLY IA 101126/2026 IS LISTED UNDER THIS ITEM]
IA No. 101126/2026 - INTERVENTION/IMPLEADMENT
Date : 28-07-2026 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE VIKRAM NATH
HON'BLE MR. JUSTICE SANDEEP MEHTA
For Petitioner(s) :Mr. Joby P. Varghese, AOR
Ms. Rashi, Adv.
Mr. Aby P Varghese, Adv.
Mr. Jagmeet Singh Randhawa, Adv.
For Respondent(s) :Mr. Vikramjit Banejree, A.S.G.
Ms. Madhulika Upadhyay, AOR
Mr. B.K.satija, Adv.
Ms. Sarika Singh, Adv.
Mr. Raman Yadav, Adv.
Mr. Shubhendu Anand, Adv.
Mr. Bhuvan Kapoor, Adv.
Mr. Amit Sharma-v, Adv.
Ms. Swati Ghildiyal, AOR
Ms. Sonakshi Sinha, Adv.
Mr. Dr. Hemant Gupta, A.A.G.
Mr. Rahul Khurana, AOR
Ms. Payal Gupta, Adv.
Mr. Rony John, Adv.
Mr. Akash Agarwal, Adv.
Ms. Niharika Dhawan, Adv.
Ms. Bhavya Singla, Adv.
Signature Not Verified
Ms. Nitikaa Guptha, Adv.
Digitally signed by
SHIPRA NARANG
Date: 2026.07.29
17:40:33 IST
Reason: Mr. Maninderjit Singh Bedi, Advocate General
Mr. Siddhant Sharma, AOR
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Mr. Kartikeya Rastogi, Adv.
Ms. Inderdeep Kaur Raina, Adv.
Ms. Tamanna Kavdia, Adv.
Mr. Akshay Girish Ringe, AOR
Mr. Shovan Mishra, AOR
Ms. Bipasa Tripathy, Adv.
Mr. Shlok Luthra, Adv.
Mr. Uddyam Mukherjee, AOR
Mr. Swapnil Pattanayak, Adv.
Ms. Kratika Kushwaha, Adv.
Mr. Ankit Roy, AOR
Mr. Sarvesh Singh Baghel, AOR (V.C.)
Mr. Rudraditya Khare, D.A.G.
Ms. Mrinal Gopal Elker, AOR
Mr. Niharika Singh, Adv.
Ms. Rashika, Adv.
Ms. Ankita Sharma, AOR
Mr. Arjun D Singh, Adv.
Ms. Ishika Neogi, Adv.
Ms. Jayasree Narasimhan, AOR
Mr. R Sarabeshvaran, Adv.
Mr. Siddheesh Yadav, Adv.
Mr. Harshad V. Hameed, AOR
Ms. Pallavi Langar, AOR
Mr. Anirudh Sharma, Adv.
Mr. Sujeet Kumar Chaubey, Adv.
Ms. Anushka Raghunath, Adv.
Mr. Manish Kumar, AOR
Mr. Divyansh Mishra, Adv.
Mr. Kumar Saurav, Adv.
Mr. Guntur Pramod Kumar, AOR
Mr. Shreeyash Uday Lalit, Adv.
Mr. Dhruv Yadav, Adv.
Mr. Surjendu Sankar Das, AOR
Ms. Annie Mittal, Adv.
Mr. Nitin Lonkar, Adv.
Mr. Siddharth Dharmadhikari, Adv.
Mr. Aaditya Aniruddha Pande, AOR
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Mr. Shrirang B. Varma, Adv.
Mr. Lenin Singh Hijam, Adv. Gen, Sr. Adv.
Mr. Pukhrambam Ramesh Kumar, AOR
Mr. Karun Shamra, Adv.
Ms. Anupama Ngangom, Adv.
Ms. Rajkumari Divyasana, Adv.
Mr. Amit Kumar, Advocate General
Mr. Avijit Mani Tripathi, AOR
Mr. Upendra Mishra, Adv.
Mr. P.S. Negi, Adv.
Mr. Ashish Ranjan, Adv.
Mr. T.K. Nayak, Adv.
Mr. Z.H. Isaac Haiding, Adv.
Ms. Marbiang Khongwir, Adv.
Mr. Daniel Stone Lyngdoh, Adv.
Mr. Anando Mukherjee, AOR
Mr. Shwetank Singh, Adv.
Ms. Riya Dhingra, Adv.
Mr. Utkarsh Anand, Adv.
Ms. K. Enatoli Sema, AOR
Mr. Amit Kumar Singh, Adv.
Ms. Chubalemla Chang, Adv.
Mr. Prang Newmai, Adv.
Ms. Yanmi Phazang, Adv.
Mr. Shiv Mangal Sharma, A.A.G.
Mr. Saurabh Rajpal, Adv.
Mr. Kritin Sardana, Adv.
Ms. Nidhi Jaswal, AOR
Mr. Sameer Abhyankar, AOR
Ms. Yachna Sharma, Adv.
Ms. Arushi Chopra, Adv.
Mr. Sravan Kumar Karanam, AOR
Mr. Kumar Abhishek, Adv.
Mr. P. Venkatraju, Adv.
Ms. M. Harshini, Adv.
Ms. G. Sushmitha, Adv.
Ms. Disha Singh, AOR
Ms. Eliza Barr, Adv.
Ms. Akansha, Adv.
Ms. Anjali Saxena, Adv.
Mr. Govind Sharma, Adv.
Mr. Raj Bahadur Yadav, AOR
Mr. Mukesh Kumar Maroria, AOR
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Mr. Mukul Singh, Adv.
Mr. Mukesh K Verma, Adv.
Mr. Harish Pandey, Adv.
Mr. Varun Chugh, Adv.
Mr. Krishna Kant Dubey, Adv.
Mr. Apoorv Kurup, Adv.
Mr. Vinayak Sharma, Adv.
Mr. Shaswat Parihar, Adv.
Ms. Mrinal Mazumdar, Adv.
Mr. Piyush Beriwal, Adv.
Mr. Vatsal Joshi, Adv.
Mr. Shreekant Neelappa Terdal, AOR
Mr. Aravindh S., AOR
Mr. Akshay Gupta, Adv.
Mr. Aadithya Aravindh, Adv.
Mrs. Revathy Raghavan, AOR
Ms. Vanshika Verma, Adv.
Mrs. A. Sujithra, Adv.
Mr. Harish Pandey, AOR
Intervenor-in-person, AOR
Dr. Surya Prakash, Adv.
Mr. Vipul Garg, Adv.
Mr. Vikram Amarnath Garg, Adv.
Mr. Rahul Pandey, AOR
Ms. Kriti Singh, Adv.
Mr. Bonny Mehra, Adv.
Mr. Rajiv Ranjan, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The instant writ petition under Article 32 of
the Constitution of India has been filed by the
petitioners seeking directions to the respondents to
implement provisions of the National Commission for
Allied and Healthcare Professions Act, 2021(hereinafter
being referred to as the ‘Act, 2021’) in its true
letter and spirit for the regulation and maintenance of
standards for education and services by allied and
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healthcare professionals in India.
This Court on 12th August, 2024 passed the
following order:-
1. The application for impleadment of the
Chairperson of the National Commission for
Allied and Healthcare Professions as a
respondent is allowed.
2. The National Commission for Allied and
Healthcare Professions Act 2021 was enacted by
Parliament on 24 March 2021. Upon notification
on 28 March 2021 in the Gazette of India, it
came into force on 25 May 2021.
3. The grievance in these proceedings is that
inspite of the passage of over three years from
the enforcement of the Act, most of its
provisions have not been implemented. Moreover,
it has been submitted that the maximum
permissible extensions were availed of by the
Centre and the States under Section 69. Though
the Union Government has set up a National
Commission, it appears that there is no further
progress.
4. Notice was issued by this Court on 22 September
2023. Out of twenty-eight States and eight
Union Territories, only fourteen States have
constituted State Councils. These States are:
(i) Himachal Pradesh;
(ii) Odisha;
(iii) West Bengal;
(iv) Assam;
(v) Uttarakhand;
(vi) Uttar Pradesh;
(vii) Kerala;
(viii) Andhra Pradesh;
(ix) Mizoram;
(x) Nagaland;
(xi) Sikkim;
(xii) Telangana;
(xiii) Tripura; and
(xiv) Arunachal Pradesh.
Even the State Councils which have been set up,
it has been urged, are not functional.
5. The directions which have been sought at the
present stage are:
(i) Constitution of State Councils by all
States and Union Territories after
framing rules under Section 68(2)(a-e);
(ii) Framing of regulations by the Central
Government under Section 66 for5
discharge of functions as provided in
Section 11;
(iii) Constitution of Professional Councils
as required by Section 10;
(iv) Constitution of Advisory Councils as
required by Section 12; and
(v) Constitution of Autonomous Boards by
State Governments under Section 29.
6. Though this Court entertained the petition in
September 2023, the fact remains that the
provisions of the Act have still not been
implemented. The proliferation of illegal
allied healthcare educational institutions and
affiliating bodies is a mater of serious
concern. The Parliamentary legislation was
enacted to provide a legislative framework to
protect the public interest against the
proliferation of illegal institutions and
bodies.
7. Despite the passage of three years since the
enactment of the law, both the Union Government
and the State Governments have yet to discharge
their statutory responsibilities. No counter
affidavit has been filed by the Union
Government.
8. Mr Vikramjit Banerjee, Additional Solicitor
General states that a counter would be filed
within a period of two weeks. We see no
justification for the Union Government not to
have taken action to respond to the proceedings
after service of notice. Similarly, there is no
justification available on the record for not
implementing the provisions of the
Parliamentary legislation.
9. We accordingly direct as follows:
(i) The Union Government and the State
Governments shall on or before 12 October
2024, take necessary steps to implement the
provisions of the Act;
(ii) The Secretary in the Union Ministry of
Health and Family Welfare shall within a
period of two weeks from the date of this
order, convene an online meeting of all the
Secretaries in the State Ministries of
Health and Family Welfare and a definite
road map for compliance with the above
directions shall be laid down for the
purpose of ensuring that the requisite
steps to implement the provisions of the
Act are taken, infrastructure is set up by
all the States and the institutions
contemplated by the Act are made functional
not only in letter but in spirit as well by6
taking necessary action in that regard;
(iii)All the States/Union Territories shall file
compliance reports to the Secretary in the
Union Ministry of Health and Family Welfare
by the next date of hearing; and
(iv) The compliance reports shall be compiled in
a tabulated statement and be presented
before this Court on behalf of the Union
Ministry of Health and Family Welfare by
the next date of listing.
10. Failing compliance, all the States/Union
Territories and the Union Government are put
on notice that this Court may have to take
recourse to steps for failure to abide by the
directions and to implement the Parliamentary
legislation.
11. List the Petition on 18 October 2024.
Today, during the course of proceedings,
learned counsel for the petitioners urged that the
regulations under the Act, 2021 have not been framed
by the National Commission. Only 15 States have
framed the Rules and formed the councils but till date
the same are either not being notified or are
virtually non-functional.
It is further submitted that the absence of
regulations and non-notification of the councils is
leading to continued violation of the Act, 2021. It
is thus submitted that the respondents are not only
violating the provisions of the Act, 2021 but are also
acting in contravention of the order dated 12th
August, 2024.
Shri Vikramjit Banerjee, learned ASG urged
that the obligation to carry out the necessary
formalities under the Act, 2021 are mostly on the
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States and hence, they should be directed to ensure
compliance of the Act, 2021 and this Court’s order.
Taking note of the fact that till date the
directions given in the order dated 12th August, 2024
have not been fully complied either by the National
Commission or by the States, we direct the Chief
Secretaries and the Health Secretaries of all the
States and the Union Territories and so also the
National Commission to file affidavits of compliance
giving details of the notification of the councils,
framing of the rules under Section 68(2)(a-e) and
framing of the regulations under Section 66 by the
National Commission and with regard to all other
actions required to be taken under order dated 12 th
August, 2024.
A copy of this order shall be forthwith
transmitted to Chief Secretaries and Home Secretaries
of all the States, the administrators of the Union
Territories and the National Commission for ensuring
compliance and filing the compliance affidavits by the
next date failing which this Court shall be compelled
to require personal attendance of all the officers
concerned.
List this matter on 22nd September, 2026.
(SHIPRA NARANG) (RANJANA SHAILEY)
SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR
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