Regulations Against Mushrooming Of Allied Healthcare Colleges On Same Campus Expected In 2 Months: NCAHP Tells Delhi HC
The Delhi High Court was today informed by the National Commission for Allied and Healthcare Professions (NCAHP) that regulations to curb the mushrooming of multiple allied and healthcare colleges within the same campus may take another two months to be framed.
Additional Solicitor General Chetan Sharma, appearing for NCAHP, submitted that the Commission seeks to prevent institutions from establishing multiple colleges within one campus without adequate infrastructure, faculty and supervision.
"The government, my lords, seeks to regulate mushrooming of multiple colleges within one campus so that they may not become a cyclostyled fax machine to issue degrees and issue course completions without proper infrastructure, without being regulated" Sharma submitted.
The submission was made during the hearing of the Commission's appeal against a Single Judge's order setting aside a communication restricting Parul University from establishing another physiotherapy college on its campus.
During the hearing, the Division Bench questioned the legal basis for the restriction, particularly when the regulations intended to govern the establishment of multiple colleges on the same campus had not yet been framed.
"Please show us where is the statutory embargo" the Bench asked Sharma.
NCAHP Says Proposed Rules Will Follow ‘One Campus, One Programme’ Approach
Sharma argued that the Commission intended to regulate the establishment of multiple colleges offering the same course within one campus to ensure that institutions did not rely on common infrastructure without maintaining adequate facilities, faculty and supervision.
He referred to Section 11 of the National Commission for Allied and Healthcare Professions Act, 2021, to argue that the Commission had broad statutory powers to ensure the coordinated and integrated development of allied and healthcare education.
The ASG also distinguished the university's case from proceedings before the Supreme Court concerning the commencement of additional courses pending the formulation of regulations.
He submitted that the present dispute concerned the establishment of another college offering the same course on a campus where two physiotherapy colleges were already operating.
The Bench, however, questioned whether the Commission's communication could be treated as a binding policy when the proposed regulations remained under consideration.
"It is just a communication without any legal basis. It is not a policy" the Bench remarked, referring to the communication relied upon by the Commission.
Chairperson Says Regulations May Take Two Months
During the hearing, the Bench asked about the progress in framing the regulations. ASG Sharma informed the Court that a draft had been prepared and sent to the Department of Legal Affairs for vetting.
NCAHP Chairperson Dr. Yagna Shukla, who joined the proceedings virtually, said that restricting multiple colleges offering the same programme within one campus was necessary because allied and healthcare programmes had historically lacked adequate regulation.
She explained that the proposed approach would be "one campus, one programme".
Shukla said that two physiotherapy colleges were already operating on the university's campus and had not been stopped. The Commission had raised an objection when the university sought to establish another college offering the same programme, as regulations governing the issue were in the process of being framed.
When the Bench asked how long the Commission would need to notify the regulations, Shukla indicated that it might take approximately two months.
The Bench questioned why the university should be prevented from establishing another college in the meantime when no statutory prohibition was in force.
"You must regulate, Madam, but your regulation should be before us, no?" the Bench remarked.
Background Of The Dispute
Parul University, a private university established under the Gujarat Private Universities Act, 2009, operates two constituent physiotherapy colleges on its campus: Parul Institute of Physiotherapy, established in 2009, and Parul Institute of Physiotherapy and Research, established in 2022.
The university applied to establish a third college, Parul Institute of Physiotherapy and Rehabilitation Sciences, offering the Bachelor of Physiotherapy (BPT) course with an intake of 100 students for the 2026–27 academic session.
The Commission rejected the application through a communication stating that more than one allied and healthcare institution should not be established for the same profession within the same campus or premises.
The university challenged the communication before the Delhi High Court.
Single Judge Justice Jasmeet Singh set aside the communication, observing that no policy imposing such a restriction had yet been framed.
"The apprehension that a policy yet to be framed may, at some future point, restrict the running of two colleges for the same course within one campus is purely speculative and far-fetched" the Single Judge held.
The Single Judge further observed that, in the absence of applicable regulations, administrative orders could not be used to circumvent the university's rights under Article 19(1)(g) of the Constitution.
The NCAHP has challenged that decision before the Division Bench.
Case Title: NATIONAL COMMISSION FOR ALLIED AND HEALTHCARE PROFESSIONS v. PARUL UNIVERSITY AND ORS