MISCELLANEOUSCentral

Section 61 of The National Commission for Allied and Healthcare Professions Act, 2021

No Civil Court shall have jurisdiction to entertain any suit or proceeding in

respect of any order made by the Commission or State Council relating to the removal of a name or the refusal to enter a name in the Central Register or State Register, as the case may be, under this Act.

Summary

No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any order made by the Commission or State Council relating to the removal of a name or the refusal to enter a name in the Central Register or State Register, as the case may be, under this Act.

Practical examples

1Ramesh is denied registration by the State Council because his diploma is from an unrecognised college. Ramesh tries to sue the Council in a local civil court to force them to add his name. The civil court rejects his petition, telling him they have no power to interfere with registration orders.

2A lab technician is removed from the Central Register after a misconduct hearing. He files a suit in a civil court asking for an injunction to stop the removal. The court dismisses the suit because the 2021 health law strictly blocks civil courts from hearing cases about removing names from the register.

FAQ

1. Can I go to a civil court if the Commission refuses to register my healthcare degree?

No, Section 61 of the National Commission for Allied and Healthcare Professions Act, 2021, bars civil courts from entertaining any suit regarding the refusal to enter a name in the Register.

2. Does Section 61 of the Allied and Healthcare Act apply to both Central and State registers?

Yes, Section 61 of the National Commission for Allied and Healthcare Professions Act, 2021, covers orders made by either the Commission or the State Council regarding the Central Register or State Register.

3. Is there any exception where a civil court can hear a case about name removal from the healthcare register?

No, Section 61 of the National Commission for Allied and Healthcare Professions Act, 2021, provides a total bar on jurisdiction for civil courts regarding orders about removing or refusing names in these registers.

Test yourself

Q1.Under Section 61 of the National Commission for Allied and Healthcare Professions Act, 2021, which court is specifically barred from hearing suits about name removal?

Q2.What specific action by the State Council is protected from civil court interference under Section 61 of the 2021 Act?

Q3.Under Section 61 of the National Commission for Allied and Healthcare Professions Act, 2021, if the Commission removes a professional's name, can that professional file a civil suit for reinstatement?

Q4.Section 61 of the 2021 healthcare law applies to orders made by which bodies?

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