Allahabad High Court
Dev Allied Health Institute vs State Of U.P. And 5 Others on 19 September, 2023
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:180309-DB Court No. - 40 Case :- WRIT - C No. - 24940 of 2023 Petitioner :- Dev Allied Health Institute Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kuldeep Kumar Dube,Nitin Sharma Counsel for Respondent :- C.S.C.,A.S.G.I.,Gaurav Kumar Chand Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
1. Heard Sri Nitin Sharma, learned counsel for the petitioner; Sri Ambrish Shukla, learned Additional Chief Standing Counsel for the State respondent nos.1 to 4 and Sri Gaurav Kumar Chand, learned counsel for the respondent no.6.
2. By means of present writ petition, the petitioner has sought following reliefs:-
"i. Issue a writ, order or direction in the nature of mandamus directing the respondent no.4 to register the diploma holders qualified from the petitioner institute namely Dev Allied Health Institute, village Sihipur, Post Muradganj, District Jaunpur as Allied & Healthcare Professionals in State Allied & Healthcare Professionals Register.
ii. Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to ensure the formation and functioning of Uttar Pradesh State Allied and Healthcare Council in terms of the notification dated 29.10.2021."
3. Sri Nitin Sharma, learned counsel for the petitioner institution submits that the petitioner institution is an authorized training centre of Paramedical and Allied Health Care Training Programme of Bharat Sevak Samaj, National Development Agency, which was established under the Planning Commission, Government of India in the year 1952. Presently, Bharat Sevak Samaj is conducting 80 Allied and Healthcare diploma courses under the authorization granted to it by the Union of India and the training is covered under the provisions of Apprentices Act, 1961. It is also claimed that the petitioner institution is authorized to conduct various Allied Health Care training programmes in the field of medical education, which are being renewed from time to time and recently, it was renewed for the academic year/period from 01.06.2022 to 31.05.2023. In this backdrop, the request has been made to issue direction to the Principal Secretary (Medical Education), Government of U.P., Lucknow (respondent no.1) to ensure the formation and function of Uttar Pradesh State Allied and Healthcare Council in terms of the notification dated 29.10.2021 and direct the respondent no.4 to register the diploma holders qualified from the petitioner institution.
4. Per contra, Sri Ambrish Shukla, learned Additional Chief Standing Counsel has placed the instructions dated 23.8.2023 sent by the Director General, Medical Education & Training, Uttar Pradesh, which is taken on record. He has also placed the letter dated 22.8.2023 sent by the Special Secretary, Government of Uttar Pradesh and placed reliance on para-2 of the said letter. He has also placed reliance on the notification dated 06.8.2021, which was issued in exercise of the powers under sub-section (1) of Section 22 of the National Commission for Allied and Healthcare Professions Act, 2021 (Act No.14 of 2021) (hereinafter referred to as Act, 2021), wherein Hon'ble Governor is pleased to constitute "Uttar Pradesh State Allied And Healthcare Council". He submits that the notification is already made by the State Government and as per para-2 of the instructions dated 22.8.2023, the Search Committee is in process to search out the suitable candidates for constitution of State Council as per provision contained in Section 22 of the Act, 2021, which provides for constitution and composition of State Council. It would be apt to reproduce the relevant instructions dated 22.08.2023, which is sent by the Special Secretary of concerned department wherein it is indicated that as per Rules, 2023 the Search Committee is ceased with the matter and the search is on for the appointment of the Chairman, ex-officio members and members:-
"?????, ??????? ????? ???? ???? ?????? 10-8-???? ?? ????? ??????? ????? ???? ?? ???? ???? ????? ?????? ?????? ????? ????????, ??????? ??? ????? ????? ??? ??? ?????? ?? ?????? ?????/ ???? ( ??? ????? ????? ??????????? ???? ????? ?????? ????? ? ????) ??? ????? ???? ?????? 07-8-???? ?? ??????? ??? ?????? ?????? ????? ?? ??????? ?? ?? ??| 2- ???? ????? ?? ?? ????? ??? ????? ???? ????? ???? ????????? ???? ???? ?? ???? 22(?) ?? ??????? ????? ?????? ????? ?????? ?? ???????? ??? ??? ?????? ?? ??? ???????? ?????? ?????? ? ????? ?????? ???? ?? ???????? ?????? ???/71-4-???? ?????? 6-8-???? ?????? ???? ?? ???? ?? | ??????? ??? ?????? ?? ??????? ??? ??????? ?? ????????, ??????, ????? ???????, ????????\??? ??? ?????? ??? ???? ???????????? ???? ???????? ??????- ??/71-4099-192-???? ?????? 17-2-???? ?????? ????? ?????? ????? ?????? ?? ???????? ???-??? ?????? ???????? ???? ?????? ?? ?? ?? ?? | ???????? ??????? ???? ?? ???? 22(?) ??? ?????? ?? ??????? ??? ??????? ?? ???? ??? ???????? ?? ??? ?? | ?????? ????? ?? ???? ???????? ???? ?? ???? -3(?) ??? ?????? ?? ??????? ?? ??? ???? ?? ??? ????? ?? ???????? ?? ???? ?? ???? ???? ?? ????????? ???? ??? ?? | ??????? ?????? ?? ??????? ?? ??? ?? ?????????? ?????? ?? |
3. ??? ?? ????? ??? ???? ?? ???? ?? ??????? ??? ?? ?? ?????? ???? ???????? ???????? ??? ????? ????? ???? ??? ?????? ?? ?????? ?????/ ???? ( ??? ????? ????? ??????????? ???? ????? ?????? ????? ? ????) ??? ?????? ???????? ?????? ?????? 07-8-???? ?? ????? ?????? ?? ??????? ??? ?????????????? ????? ?????? ?? ?????? ???????? ?? ???? ????? ?? ???? ???? | ?????
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5. Learned Additional Chief Standing Counsel submits that some time may be accorded so that the constitution and composition of State Council may be ensured in the matter.
6. Learned counsel for the petitioner fairly states that so far as the first relief is concerned, leave may be accorded to press the said relief at the appropriate stage.
7. The Act, 2021 had been enacted for advancement in the health sector, changing preferences of consumers and service providers and it was warranted to create a fresh vision of healthcare delivery system with a patient-centric approach and focus on moving to a multi-disciplinary team-based care. This had necessitated the need to implement new ways of deploying health workers, strengthening the workforce by task-shifting models and improving access to quality services through qualified and competent allied and healthcare professionals. There had also been a persistent demand for a regulatory framework for such professions for several decades. The Allied and healthcare professions also work to optimize patient outcomes and attend to overall prevention, promotion, wellness and management of diseases. Chapter-III of the Act, 2021 deals with the State Allied and Healthcare Council. Section 22 provides for constitution and composition of State Council. Sub-section (1) of Section 22 also mandates that every State Government shall, by notification, within six months from the date of commencement of this Act, constitute a State Council to be called the State Allied and Healthcare Council for exercising such powers and discharging such duties as may be laid down under this Act. It would be apt to have a glance of Section 22 of the Act, 2021 as under:-
"22. Constitution and composition of State Council (1) Every State Government shall, by notification, within six months from the date of commencement of this Act, constitute a State Council to be called the State Allied and Healthcare Council for exercising such powers and discharging such duties as may be laid down under this Act.
(2) The State Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the same name sue or be sued.
(3) The State Council shall consist of the following, namely:?
(a) a person of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any profession of recognised category of allied and healthcare sciences from any University and having experience of not less than twenty-five years in the field of allied and healthcare sciences, out of which at least ten years shall be as a leader in the area of allied and healthcare professions to be nominated by the State Government?Chairperson;
(b) one Director or Additional Director or Joint Director representing medical or health sciences in the State Government?ex officio Member;
(c) two persons not below the rank of Dean or Head of the Department from any medical colleges of the State Government?ex officio Members;
(d) president of the Autonomous Boards constituted by the State Council under sub-section (1) of section 29?ex officio Member;
(e) two persons representing each of the recognised categories specified in the Schedule to be nominated by the State Government having such qualifications and experience as may be prescribed by the State Government?Members; and
(f) two persons, representing charitable institutions engaged in education or services in connection with any recognised category, to be nominated by the State Government having such qualifications and experience as may be prescribed by the State Government?Members."
8. The Act, 2021 having been passed by both the Houses of Parliament received the assent of the President on 28.03.2021 and it provides for regulation and maintenance of standards of education and services by allied and healthcare professionals, assessment of institutions, maintenance of a Central Register and State Register and creation of a system to improve access, research and development and adoption of latest scientific advancement and for matters connected therewith or incidental thereto. The Act, 2021 mandates for constitution of State Council and the State Government has notified and constituted the Uttar Pradesh State Allied and Healthcare Council but till date, the State Council has not been constituted with the Chairperson, one Director or Additional Director or Joint Director representing medical or health sciences in the State Government as Ex-officio members; two persons not below the rank of Dean or Head of the Department from any medical colleges of the State Government as ex-officio members; President of the Autonomous Boards constituted by the State council under sub-section (1) of Section 29 as Ex-officio Member; two persons representing each of the recognised categories specified in the Schedule and two persons representing charitable institutions as members. Section 25 of the Act, 2021 provides for cessation of membership and filling up of casual vacancy of member. Section 26 deals with the meetings of State Council.
9. Prima facie we are not convinced with the aforesaid instructions as the Act, 2021 came into existence in the year 2021 and the State Government was pleased to constitute Uttar Pradesh State Allied and Healthcare Council on 06.08.2021 but till date the Uttar Pradesh State Allied and Healthcare Council has not been effectively constituted. For an indefinite period the matter cannot be kept pending and accordingly, we direct the Principal Secretary (Medical Education), Government of U.P., Lucknow (respondent no.1) to ensure the constitution and composition of the State Council within a period of three months from today.
10. Accordingly, the writ petition is disposed of.
11. Let a copy of the order be given to Sri Ambrish Shukla, learned Additional Chief Standing Counsel free of cost for necessary communication to the respondent no.1.
Order Date :- 19.9.2023 RKP