Evan V


The Supreme Court has issued notice to the Union Government and all States/Union Territories in a contempt petition alleging continued non-compliance with the Court’s earlier directions mandating time-bound implementation of the National Commission for Allied and Healthcare Professions (NCAHP) Act, 2021.

A Division Bench comprising Justice Vikram Nath and Justice Sandeep Mehta passed the order on a plea filed by the Joint Forum of Medical Technologists of India (JFMTI), which asserts that despite judicial directions, the statutory architecture contemplated under the NCAHP Act has not been made functional.

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Counsel for the petitioner submitted that although the NCAHP Act was enacted in March 2021 and brought into force on May 25, 2021, no effective steps were taken to operationalise the framework. This led to a public interest petition being instituted in 2023 seeking the implementation of the Act.

It was pointed out that, in August 2024, the Supreme Court directed the Union and States/UTs to ensure implementation of the NCAHP Act by October 12, 2024, including the establishment and functioning of the bodies envisaged under the statute. However, the petitioner contends that even as of 2026, the National Commission has not been fully constituted.

In view of the allegations of continued default, the Bench issued notice in the contempt proceedings, while exempting personal appearance of the respondent-contemnors at this stage.

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As recorded in the connected proceedings, the petitioners contend that while the Act envisaged the constitution of State Councils within a fixed period (stated to be six months), the implementation timeline was repeatedly extended by the Central Government, including through multiple extensions, resulting in the statutory regime remaining non-operational for an extended period.

Case Title: Joint Forum of Medical Technologists of India (JFMTI) & Ors. v. Union of India & Ors. 

Case No.: W.P.(C) No. 983/2023 (and connected case)

Bench: Justice Vikram Nath and Justice Sandeep Mehta