NCAHP Delhi HC Allied Healthcare Regulations: Finalizing 'One Campus' Policy

• The National Commission for Allied and Healthcare Professions (NCAHP) informed the Delhi High Court that new regulations for allied healthcare colleges are expected within two months.
• These regulations aim to prevent the establishment of multiple colleges offering the same program on a single campus, following a "one campus, one programme" approach.
• The Delhi High Court questioned the legal basis of current NCAHP restrictions, noting the absence of formally enacted regulations.
• The NCAHP cited Section 11 of the Allied and Healthcare Professions Act, 2021, for its broad regulatory powers.
• The new rules are intended to ensure adequate infrastructure, faculty, and supervision, addressing historical lack of regulation in allied healthcare programs.

Lawyers advising allied healthcare educational institutions should closely monitor the National Commission for Allied and Healthcare Professions for the formal notification of these new rules.

The Delhi High Court recently heard submissions from the National Commission for Allied and Healthcare Professions (NCAHP) regarding its efforts to regulate the establishment of multiple allied and healthcare colleges on single campuses. During the proceedings, the NCAHP indicated that it anticipates finalizing new NCAHP Delhi HC allied healthcare regulations aimed at preventing the proliferation of such institutions within approximately two months. This development arose during the Commission's appeal against a prior ruling by a Single Judge, which had overturned a communication that sought to prevent Parul University from opening an additional physiotherapy college on its existing campus.

Representing the NCAHP, Additional Solicitor General Chetan Sharma articulated the government's objective to control the rapid growth of educational facilities on shared premises. He emphasized the necessity of ensuring that these institutions possess adequate infrastructure, faculty, and proper oversight, cautioning against scenarios where colleges might merely serve as "cyclostyled fax machines" for issuing degrees without genuine educational substance. The Division Bench, however, expressed reservations about the legal foundation of the NCAHP's current restrictions, particularly given the absence of formally enacted regulations governing the establishment of multiple colleges on the same campus. The court specifically inquired about any existing "statutory embargo" that would justify the Commission's communication.

The NCAHP's proposed regulatory framework is designed around a "one campus, one programme" policy, intended to prevent institutions from offering multiple instances of the same course on a single site by relying on shared, potentially inadequate, resources. ASG Sharma highlighted that the Commission's aim is to ensure that each educational offering maintains distinct and sufficient facilities, faculty, and supervision. He referenced Section 11 of the Allied and Healthcare Professions Act, 2021, asserting that it grants the NCAHP broad statutory authority to foster the coordinated and integrated advancement of allied and healthcare education across the nation.

Despite these arguments, the Delhi High Court remained unconvinced about the enforceability of the NCAHP's communication in the absence of formal regulations. The Bench characterized the communication as lacking a legal basis and not constituting a binding policy. Dr. Yagna Shukla, the Chairperson of the NCAHP, who participated virtually, underscored the critical need for these new regulations. She explained that allied and healthcare programs have historically suffered from insufficient oversight, making it imperative to restrict the establishment of multiple colleges offering identical programs on one campus. Dr. Shukla further clarified that while two physiotherapy colleges were already operational at Parul University without intervention, the Commission's objection arose when the university sought to establish a third such college, precisely because the new NCAHP Delhi HC allied healthcare regulations were under development.

The ongoing legal discussions underscore a significant period of transition for allied healthcare educational institutions, particularly concerning the establishment of new Delhi High Court allied healthcare colleges. ASG Sharma confirmed that a draft of the proposed regulations has already been prepared and submitted to the Department of Legal Affairs for review, indicating progress toward their formalization. Dr. Shukla's estimate of approximately two months for the notification of these regulations provides a clear, albeit tentative, timeline for stakeholders.

This impending regulatory shift, particularly the "one campus, one programme" policy, will have substantial implications for institutions planning expansion or new program offerings. Lawyers advising allied healthcare educational institutions should closely monitor the National Commission for Allied and Healthcare Professions for the formal notification of these new rules. Compliance officers, in particular, should assess how these forthcoming NCAHP Delhi HC allied healthcare regulations might affect their institutions' long-term expansion strategies, recognizing that any current restrictions imposed by the NCAHP may lack statutory backing until the regulations are formally enacted. The case involving Parul University's physiotherapy college serves as a direct example of the challenges institutions face in this evolving regulatory landscape.

Lawyers advising allied healthcare educational institutions should monitor the National Commission for Allied and Healthcare Professions (NCAHP) for new 'one campus, one programme' regulations expected within two months, which will impact the establishment of multiple colleges on the same campus. Compliance officers should assess potential impacts on their institutions' expansion plans, noting that current NCAHP restrictions may lack statutory backing until the regulations are formally notified.

Source: Original reporting via Lawbeat News Desk