Supreme Court – Daily Orders
Dr. Dayal Institute Of Paramedical … vs The State Of Rajasthan on 9 April, 2026
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
ITEM NO.27 COURT NO.6 SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 31145/2025
[Arising out of impugned final judgment and order dated 18-09-2025
in DBSAW No. 1222/2025 passed by the High Court of Judicature for
Rajasthan at Jodhpur]
DR. DAYAL INSTITUTE OF PARAMEDICAL TECHNOLOGY Petitioner(s)
VERSUS
THE STATE OF RAJASTHAN & ORS. Respondent(s)
IA No. 305562/2025 - APPROPRIATE ORDERS/DIRECTIONS
WITH
SLP(C) No. 31167/2025 (XV)
FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 304971/2025
IA No. 304971/2025 - APPROPRIATE ORDERS/DIRECTIONS
Date : 09-04-2026 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
HON'BLE MR. JUSTICE ALOK ARADHE
For Petitioner(s) :Mr. Chandrasheker Chakkalabbi, Adv.
Mr. Shreyansh Mardia, Adv.
Mr. Ojaswa Pathak, Adv.
Mr. S.k Pandey, Adv.
Mr. Anshul Rai, Adv.
M/s Dharmaprabhas Law Associates, AOR
For Respondent(s) :Mr. Kanakamedala Ravindra Kumar, A.S.G.
Mr. Siddhant Gupta, Adv.
Mr. Aditya Kumar, Adv.
Mr. Devraj Bhattacharjee, Adv.
Mr. Sanjay Kr.tyagi, Adv.
Ms. Swati Ghildiyal, Adv.
Mr. Rajesh Kr.singh, Adv.
Mr. Adit Khorana, Adv.
Mr. Rajan Kr.chourasiya, Adv.
Mr. Pranay Ranjan, Adv.
Mr. Annam Venkatesh, Adv.
Signature Not Verified
Mr. Rajeev Ranjan, Adv.
Digitally signed by
KAPIL TANDON
Date: 2026.04.11
Mr. Rajat Nair, Adv.
11:10:27 IST
Reason: Mr. Bhuvan Kapoor, Adv.
Mr. T.s.sabarish, Adv.
Mr. Ishaan Sharma, Adv.
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Mrs. Madhulika Upadhyay, Aor, Adv.
Mr. Raj Bahadur Yadav, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. The present special leave petitions arise out of writ
petitions challenging a Moratorium Order dated 09.12.2024 against
grant of permission for commencing additional courses, pending
formulation of Regulations under the National Commission for Allied
& Healthcare Professions Act, 2021 (“NCAHP Act”). The petitioner
institutions are aggrieved by concurrent dismissal by the Single
Judge1 as well as the Division Bench2 of the High Court.
2. On 07.04.2026, we had directed the Officer in Charge of the
National Commission for Allied and Healthcare Profession (“NCAHP”)
to explain reasons for delay in bringing the Regulations in force,
thereby paralyzing the entire process. Mr. Kanakamedala Ravindra
Kumar, learned Additional Solicitor General, has taken instructions
in the matter and has brought to our notice a letter of NCAHP dated
08.04.2026 the Ministry of Health and Family Welfare. The letter is
reproduced for ready reference.
“F.No.Z/103/2024-AHS-DOHFW DEPARTMENT
Government of India
Ministry of Health & Family Welfare
National Commission for Allied and Healthcare
Professions2nd Floor, Academic Block, NIHFW Campus,
Munirka, New Delhi-110067Date: 8th April, 2026
To,1 Vide Order dated 03.09.2025 in CW No. 16505/2025 and CW No. 16536/2025.
2 Vide Order dated 18.09.2025 in Special Appeal Writ No. 1222/2025 and Special
Appeal Writ No. 1265/2025.
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1. The Secretaries of all the State Allied and
Healthcare Councils
2. All Principal Secretary/Secretary, Health &
Family Welfare, State Governments/Union
TerritoriesSubject: Allied and Healthcare
Institutions/Courses for the Academic Year
2026-27, under the NCAHP Act, 2021-reg.Ref: (1) Order No. Z/103/2024-AHS-DOHFW
DEPARTMENT, dated 09.12.2024.
(2) Notices dated 24.04.2025, 15.10.2025,
29.10.2025, 12.11.2025, 26.12.2025, 30.01.2026,
20.03.2026 and 27.03.2026.
(3) Letter No. Z-1011/2026/NCAHP (AHS)/UGC/FTS
No. 8384323 dated 09.01.2026 and 02.03.2026.
Sir/Madam,
1. I am directed to convey that the regulations
for recognition of institution(s) for Allied
and Healthcare professions as per the National
Commission for Allied and Healthcare
Professions Act, 2021 (NCAHP Act, 2021) are
under process.
2. It is informed that the Commission, vide
notices dated 24.04.2025, 15.10.2025,
29.10.2025, 12.11.2025, 26.12.2025, 30.01.2026,
20.03.2026 and 27.03.2026 have released 17
competency-based curricula covering around 28
professions under the NCAHP Act, 2021, which
have also been uploaded on the official website
of the Commission. The said curricula shall be
implemented from the Academic Year 2026-27.
These curricula have also laid down the minimum
norms for the Allied and Healthcare
Institutions.
3. It is also informed that vide letter No. Z-
1011/2026/NCAHP(AHS)/UGC/FTS No. 8384323 dated
09.01.2026 and 02.03.2026, the nomenclature,
admission eligibility criteria, duration and
other common criteria relating to various
Allied and Healthcare courses for Under
Graduate (UG) & Post Graduate (PG) Degrees and
Diploma were conveyed.
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4. The regulations for recognition of Allied
and Healthcare institutions are under process,
and requests/applications for starting new
Under Graduate (UG) & Post Graduate (PG)
Degrees and Diploma courses and institutions in
Allied and Healthcare are being received for
the new academic year 2026-27. Therefore, the
following directions are issued for the
Academic Year 2026-27 or till the regulations
of minimum standards for institutions are
notified by the Commission, whichever is
earlier, for a smooth transition:
4.1. The existing Allied and Healthcare courses
run by Institutions whose curricula have been
approved by the NCAHP are allowed to run those
courses, subject to the following conditions:
4.1.1. Adoption of approved curricula, degree
nomenclature, admission eligibility criteria
and other common criteria relating to the
respective Allied and Healthcare course(s) as
approved by NCAHP.
4.1.2. Efforts to be made to improve the
physical infrastructure, establishing
laboratories and faculty requirements aligning
with the curricula.
4.1.3. Availability of clinical practising
facility of the institution running the courses
or an MoU/contract with the practising facility
aligning with the curricula.
4.1.4. Seats intake capacity (minimum/maximum)
in the course(s) shall be aligned with the
curricula.
4.2. Increase in seat intake capacity
(minimum/maximum) for existing courses of
Allied and Healthcare institutions aligning
with the approved curricula is allowed, subject
to the following conditions:
4.2.1. Adoption of approved curricula, degree
nomenclature, admission eligibility criteria
and other common criteria relating to the
respective Allied and Healthcare course(s) as
approved by NCAHP.
4.2.2. Physical infrastructure, laboratories
and faculty requirements are to be aligned with4 of 7
the approved curricula.
4.2.3. Availability of clinical practising
facility of the institution running the courses
or MoU/contract with the practising facility
aligning with the curricula.
4.2.4. Seats intake capacity (minimum/maximum)
in the course shall align with the approved
curricula.
4.2.5. Inspection may be carried out by the
State Government/UT/University. The inspection
team shall have atleast three members, and out
of these, two members shall be expert Allied
and Healthcare Professionals of the concerned
domain (course), preferably from the State
Allied and Healthcare Council (SAHC)/
Government sector. The Institution will keep
the details of the inspection report for future
verification.
4.3. Starting of new courses of approved
curricula, either in existing Allied and
Healthcare institutions or in new Allied and
Healthcare institutions are allowed, subject to
the following conditions:
4.3.1. Essentiality Certificate (EC) is to be
obtained from the concerned State
Government/Union Territory along with the
submission of an affidavit duly providing
assurance of compliance aligning with the
approved curricula.
4.3.2. Adoption of curricula, degree
nomenclature, admission eligibility criteria
and other common criteria relating to the
respective Allied and Healthcare course(s) as
approved by NCAHP.
4.3.3. Physical infrastructure, laboratories
and faculty requirements are to be aligned with
the approved curricula.
4.3.4. Availability of clinical practising
facility of the institution running the courses
or MoU/contract with the practising facility
aligning with the curricula.
4.3.5. Seats intake capacity (minimum/maximum)
in the course shall align with the approved5 of 7
curricula.
4.3.6. The permission/approval of the Atomic
Energy Regulatory Board (AERB) is to be
obtained, wherever required.
4.3.7. Inspection may be carried out by the
State Government/UT/University. The inspection
team shall have atleast three members and out
of these, two members shall be expert Allied
and Healthcare Professionals of the concerned
domain (course), preferably from the State
Allied and Healthcare Council (SAHC)/
Government sector. The Institution will keep
the details of the inspection report for future
verification.
4.4. The Allied and Healthcare courses for
professions scheduled under the NCAHP Act whose
curricula have not yet been approved are not
allowed to start such new course(s).
5. These interim arrangements are being made to
facilitate a smooth transition and shall be
subject to the final regulations as and when
notified by the Commission. Once the relevant
regulations are notified, the Allied and
Healthcare institutions shall follow the
regulations.
6. Approval under these transitory instructions
will not confer any rights. The Allied and
Healthcare institutions shall be solely
responsible for any contraventions.
7. It supersedes the order No. Z/103/2024-AHS-
DOHFW DEPARTMENT, dated 09.12.2024 of the
Commission.
8. This issues with the approval of the
competent authority.
Encl: As Above
Yours faithfully,
sd/-
(Rajender Singh Sidhu)
Under Secretary, NCAHP
Copy for information to:
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1. The Secretary, University Grant Commission
(UGC), New Delhi
2. Deputy Secretary (AHS), Ministry of Health
and Family Welfare, New Delhi
3. All Allied and Healthcare Institutions
(through website of the Commission”
3. Apart from Mr. Kanakamedala Ravindra Kumar, learned Additional
Solicitor General, we also heard Mr. Umesh Balonda, Secretary of
NCAHP. They have submitted that regulatory mechanism is being put
in place and the clarification and directions under the letter
dated 08.04.2026 will enable the institutions, like the
petitioners, to seek permissions to offer additional courses. Mr.
Chandrasheker Chakkalabbi, learned counsel for the petitioner is
satisfied with the recourse provided under letter dated 08.04.2026
and requested us to dispose of the special leave petition in terms
of the said letter.
4. The NCAHP will ensure that all authorities or the duty bearers
under the NCAHP Act, coupled with those to whom the letter dated
08.04.2026 is addressed, act efficiently and ensure that
applications are taken up and disposed of expeditiously. The
obligation to monitor such an action is certainly on the NCAHP.
5. With these observations, the present Special Leave Petitions
stand disposed of.
6. Pending application(s), if any, shall stand disposed of.
(KAPIL TANDON) (NIDHI WASON)
COURT MASTER (SH) ASSISTANT REGISTRAR
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