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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

No interference by Court with functions of legislative power: Allahabad High Court

No interference by Court with functions of legislative power: Allahabad High Court

The Allahabad High Court recently in the case of Paramedical Council of India vs UOI & Ors had dismissed the writ seeking direction to the respondent to permit the petitioner to function as Paramedical Council to grant recognition and to register the Institutions, imparting education in the field of Paramedical Courses except in accordance with the act or scheme. 

The present writ petition was filed by the petitioner for a direction to the respondent to permit the petitioner to function as Paramedical Council to grant recognition and to register the Institutions, imparting education in the field of Paramedical Courses until the formation of any Regulatory Body for Paramedicals by the respondents and not to interfere in peaceful functioning of the petitioner in imparting the paramedical education and training.

During the investigation, it was revealed that the petitioner is seeking legitimacy to exercise a function that is within the domain of the legislative power of the Parliament exercisable under the Union List of the Seventh Schedule of the Constitution of India.

This Court after going through all the necessary provisions held that according to Section 40 of the Act, the petitioner was not permitted to grant recognition to institutions imparting education and training or register any such institution, except in accordance with, and to the extent permissible under the scheme and terms of the National Commission for Allied and Healthcare Professions Act, 2021.