Court Warns of Personal Appearance for Officials if Directions on NCAHP Act, 2021 Remain Unimplemented
The Supreme Court has directed the National Commission for Allied and Healthcare Professions (NCAHP), all State Governments and Union Territories to file compliance affidavits detailing the measures taken to implement the provisions of the National Commission for Allied and Healthcare Professions (NCAHP) Act, 2021.
The direction was issued by a Bench comprising Justice Vikram Nath and Justice Sandeep Mehta while hearing a writ petition filed by the Joint Forum of Medical Technologists of India (JFMTI) and other petitioners under Article 32 of the Constitution. The petition seeks effective implementation of the NCAHP Act, 2021, which regulates the education, training and professional standards of allied and healthcare professionals across the country.
The Court observed that the Act was enacted by Parliament on March 24, 2021, notified on March 28, 2021, and came into force on May 25, 2021, with the objective of establishing a structured regulatory framework for allied healthcare professions and preventing the growth of unregulated educational institutions.
Referring to its earlier order dated August 12, 2024, the Bench noted that although the Union Government had constituted the National Commission, several key provisions of the Act had still not been fully implemented. At that time, the Court had observed that only 14 States had constituted State Councils and had directed governments to frame rules, establish councils, create the required infrastructure and operationalise the regulatory framework.
During the latest hearing, counsel for the petitioners submitted that the National Commission had yet to frame regulations required under Section 66 of the Act. It was also argued that although 15 States had constituted State Councils, several of them had either not been notified or remained non-functional.
The petitioners contended that the continued absence of regulations and functioning councils amounted to a violation of both the NCAHP Act, 2021 and the Supreme Court’s earlier directions.
Appearing for the Union Government, Additional Solicitor General Vikramjit Banerjee informed the Court that several responsibilities under the Act lie with the State Governments and requested directions to ensure compliance by the States.
Taking note of the incomplete implementation, the Supreme Court directed the Chief Secretaries and Health Secretaries of all States and Union Territories, along with the National Commission, to submit detailed compliance affidavits.
The affidavits must specify the status of notification of State Councils, framing of rules under Section 68(2)(a-e), framing of regulations under Section 66 by the National Commission, and all other steps required under the Court’s order dated August 12, 2024.
The Court further directed that copies of the order be immediately sent to the Chief Secretaries, Home Secretaries, administrators of Union Territories and the National Commission. It warned that failure to comply with its directions could result in the personal appearance of the concerned officials before the Court.
The matter has been listed for further hearing on September 22, 2026.
Welcoming the development, the Joint Forum of Medical Technologists of India (JFMTI) said the timely implementation of the NCAHP Act, 2021 is essential for ensuring uniform regulation, quality education, professional standards and patient safety in allied and healthcare professions. The forum also urged governments, institutions and professional bodies to actively support the implementation of the legislation.
