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I.A.P :- The Indian Association Of Physiotherapist
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Select true if you don't want that your images are cropped rows : 4, slicedCols : 6,//if 0 the same value of cols slicedRows : 4,//if 0 the same value of rows // slideOn : "",//next, prev, random: decide if the transition effect will be applied to the current (prev) or the next slide thumbnails : 0, time : 7000,//milliseconds between the end of the sliding effect and the start of the nex one transPeriod : 1500//lenght of the sliding effect in milliseconds // onEndTransition : function() { }, //this callback is invoked when the transition effect ends // onLoaded : function() { }, //this callback is invoked when the image on a slide has completely loaded // onStartLoading : function() { }, //this callback is invoked when the image on a slide start loading // onStartTransition : function() { } //this callback is invoked when the transition effect starts }); }); // }); </script> <div id="camera-slideshow_92" class=" camera_wrap pattern_1"> <div class="camera-item" data-src="https://www.physiotherapyindia.org/files/articleslider/narendra-modi-iap.jpg"> <div class="camera_caption fadeFromBottom"> <div class="item_content"> <h1> <span class="item_title_part_0 item_title_part_odd item_title_part_first_half item_title_part_first">IAP Delegation with Hon. Prime Minister Shri Narendra Modi</span> </h1> <!--<div class="content"><vte:value select="<p style="text-align: justify;">The IAP team of Delegation</p>" /></div>--> <a class="btn btn-info readmore" href="news-events/events/3680-iap-delegation-with-hon-prime-minister-shri-narendra-modi.html" target="_self"><span>Read Detail</span></a> </div> </div> </div> <div class="camera-item" data-src="https://www.physiotherapyindia.org/files/articleslider/slide-2.jpg"> <div class="camera_caption fadeFromBottom"> <div class="item_content"> <h1> <span class="item_title_part_0 item_title_part_odd item_title_part_first_half item_title_part_first">IAP Delegation With Hon'ble Health Minister Dr. Harshwardhan Ji.</span> </h1> <!--<div class="content"><vte:value select="<p style="text-align: justify;">Senior IAP CEC members as<span></span></p>" /></div>--> <a class="btn btn-info readmore" href="news-events/events/3927-iap-delegate-meets.html" target="_self"><span>Read Detail</span></a> </div> </div> </div> <div class="camera-item" data-src="https://www.physiotherapyindia.org/files/articleslider/slide1.jpg"> <div class="camera_caption fadeFromBottom"> <div class="item_content"> <h1> <span class="item_title_part_0 item_title_part_odd item_title_part_first_half item_title_part_first">IAP Delegation With Hon'ble Dr.Ram Gopal Yadav Ji (MP-Rajya Sabha)</span> </h1> <!--<div class="content"><vte:value select="<p><span>IAP Deligation With Dr.Ram Gopal</span></p>" /></div>--> <a class="btn btn-info readmore" href="news-events/events/3926-iap-delegation-meets.html" target="_self"><span>Read Detail</span></a> </div> </div> </div> </div><!--camera_wrap--> </div><!--container--> </div><!--slider-wrapper--> </div><!--span12--> </div><!--row--> </div><!--container--> </div><!--slider-wrap--> </div> </div> <div class="row"> <div class="twentyfourcol last"> <div class="row"> <div id="row_pubnot_wrap"> <div class="twelvecol"> <h2><a href="https://www.physiotherapyindia.org//news-events/notices">Notices</a></h2> <div class="twelvecol"> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <h2 class="article_title"><a href="news-events/notices/4128-annual-iap-gb-meeting-2025.html">Notice Of Annual General Body Meeting Of IAP. - 2025</a></h2> <p>Dear All IAP membersPlease Find the Annual G.B meeting notice to be held on 15TH FEB 2025 AT 4.00 P.M at Democracy Hall NASHIK [MAHARASHTRA]Agenda:</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">14 Jan 2025</div> </div> <div class="twelvecol last"> ... <a href="news-events/notices/4128-annual-iap-gb-meeting-2025.html"> Read more </a> </div> </div> </div> </div> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <h2 class="article_title"><a href="news-events/notices/4127-data-update-for-the-upcoming-election-of-iap.html">Data Update For The Upcoming Election Of IAP</a></h2> <p>Memeber are requested to submit their updated data for the upcoming IAP Electition, with IAP Certificate and IAP ID. This update will remain active until</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">05 Jan 2025</div> </div> <div class="twelvecol last"> ... <a href="news-events/notices/4127-data-update-for-the-upcoming-election-of-iap.html"> Read more </a> </div> </div> </div> </div> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <h2 class="article_title"><a href="news-events/notices/4125-unauthorized-use-of-the-indian-association-of-physiotherapists-iap-bank.html">Unauthorized Use of The Indian Association of Physiotherapists (IAP) Bank</a></h2> <p>To: All Members Subject: Unauthorized Use of The Indian Association of Physiotherapists (IAP) Bank Accounts in name of Branches and to do a self disclosure if</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">22 Nov 2024</div> </div> <div class="twelvecol last"> ... <a href="news-events/notices/4125-unauthorized-use-of-the-indian-association-of-physiotherapists-iap-bank.html"> Read more </a> </div> </div> </div> </div> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <h2 class="article_title"><a href="news-events/notices/4124-not-to-use-iap-pan.html">Not To Use IAP PAN</a></h2> <p>To: All Members/General Public Subject: Unauthorized Use of PAN Number of The Indian Association of Physiotherapists (IAP) It has come to our attention that there have been</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">22 Nov 2024</div> </div> <div class="twelvecol last"> ... <a href="news-events/notices/4124-not-to-use-iap-pan.html"> Read more </a> </div> </div> </div> </div> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <h2 class="article_title"><a href="news-events/notices/4123-request-to-enroll-on-nha-portal.html">Request To Enroll On NHA Portal</a></h2> <p>Dear All MembersIt is our Privilege that Our Hon. Prime Minister Shri Narendra Modi Ji has launched the NHA portal for registration,We again thank Our</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">12 Nov 2024</div> </div> <div class="twelvecol last"> ... <a href="news-events/notices/4123-request-to-enroll-on-nha-portal.html"> Read more </a> </div> </div> </div> </div> </div> <div class="twelvecol last"> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <h2 class="article_title"><a href="news-events/notices/4122-request-to-enroll-on-nha-portal.html">Request To Enroll On NHA Portal</a></h2> <p>Dear All MembersIt is our Previledge that Our Hon. Prime Minister Shri Narendra Modi Ji has launched the NHAportal for registration,We again thankOur Hon.Prime Minister</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">12 Nov 2024</div> </div> <div class="twelvecol last"> ... <a href="news-events/notices/4122-request-to-enroll-on-nha-portal.html"> Read more </a> </div> </div> </div> </div> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <div class="image"> <a href="news-events/notices/3990-public-notice-suit-filed-against-dr-navneet-krishna-and-mr-pritam-kumar.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/article/iap-notice.jpg&size=article_medium" alt="Public Notice-Suit Filed Against Dr. Navneet Krishna and Mr. Pritam Kumar" /> <br /></a></div> <h2 class="article_title"><a href="news-events/notices/3990-public-notice-suit-filed-against-dr-navneet-krishna-and-mr-pritam-kumar.html">Public Notice-Suit Filed Against Dr. Navneet Krishna and Mr. Pritam Kumar</a></h2> <p>PUBLIC NOTICE.Date :16/12/2020BY THE INDIAN ASSOCIATION OF PHYSIOTHERAPISTS [IAP] EST. 1955 [The Oldest and Largest physiotherapy Association of India] This is for information to</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">16 Dec 2020</div> </div> <div class="twelvecol last"> ... <a href="news-events/notices/3990-public-notice-suit-filed-against-dr-navneet-krishna-and-mr-pritam-kumar.html"> Read more </a> </div> </div> </div> </div> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <div class="image"> <a href="news-events/notices/3987-suspension-notice-of-dr-umasankar-mohanty.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/article/iap-notice.jpg&size=article_medium" alt="Suspension notice of Dr.Umasankar Mohanty" /> <br /></a></div> <h2 class="article_title"><a href="news-events/notices/3987-suspension-notice-of-dr-umasankar-mohanty.html">Suspension notice of Dr.Umasankar Mohanty</a></h2> <p>This is for information to all the members of The Indian Association of Physiotherapists that due to the anti -association activities of Dr.Umasankar Mohanty which includes</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">25 Nov 2020</div> </div> <div class="twelvecol last"> ... <a href="news-events/notices/3987-suspension-notice-of-dr-umasankar-mohanty.html"> Read more </a> </div> </div> </div> </div> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <div class="image"> <a href="news-events/notices/3948-ugc-notification-for-teaching-cadre.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/article/ugc.jpg&size=article_medium" alt="UGC Notification For Teaching Cadre." /> <br /></a></div> <h2 class="article_title"><a href="news-events/notices/3948-ugc-notification-for-teaching-cadre.html">UGC Notification For Teaching Cadre.</a></h2> <p>For teachers in the Faculties of Physiotherapy , the norms/Regulations of Ministry of Health and Family Welfare, Government of India; as prescribed by U.G.C Preview the</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">02 Jul 2020</div> </div> <div class="twelvecol last"> ... <a href="news-events/notices/3948-ugc-notification-for-teaching-cadre.html"> Read more </a> </div> </div> </div> </div> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <div class="image"> <a href="news-events/notices/3985-sspension-of-dr-prabhat-ranjan.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/article/iap-notice.jpg&size=article_medium" alt="Suspension Of Dr. Prabhat Ranjan" /> <br /></a></div> <h2 class="article_title"><a href="news-events/notices/3985-sspension-of-dr-prabhat-ranjan.html">Suspension Of Dr. Prabhat Ranjan</a></h2> <p>It has come to our notice that Dr. Prabhat Ranjan is associated in anti association activities which is against the memorandum of the association and</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">16 Nov 2020</div> </div> <div class="twelvecol last"> ... <a href="news-events/notices/3985-sspension-of-dr-prabhat-ranjan.html"> Read more </a> </div> </div> </div> </div> </div> <div class="seeall"><a href="https://www.physiotherapyindia.org//news-events/notices">See All</a></div> </div><!--twelvecol--> <div class="twelvecol last"> <h2><a href="https://www.physiotherapyindia.org//news-events/">News & Events</a></h2> <div class="twelvecol"> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <h2 class="article_title"><a href="news-events/news/4119-final-memorandum-which-will-be-used-for-forthcoming-iap-election-please-check.html">Final Memorandum Which Will be Used For Forth Coming IAP Election, Please Check</a></h2> <p>Dear All MembersThe Final Memorandum 2024 of IAP is being uploaded for Check, Which will be used for the Forthcoming Elections of IAP, Please Cross</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">23 Oct 2024</div> </div> <div class="twelvecol last"> ... <a href="news-events/news/4119-final-memorandum-which-will-be-used-for-forthcoming-iap-election-please-check.html"> Read more </a> </div> </div> </div> </div> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <h2 class="article_title"><a href="news-events/news/4118-special-general-body-at-cci-new-delhi-on-21st-september-2024.html">Special General Body at CCI New Delhi on 21st September 2024</a></h2> <p>To All Active Members of IAP Notice Of Special General Body at CCI New Delhi on 21st September 2024 . [Subject to legal Clearance] Agenda1 Next IAP Election and</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">28 Aug 2024</div> </div> <div class="twelvecol last"> ... <a href="news-events/news/4118-special-general-body-at-cci-new-delhi-on-21st-september-2024.html"> Read more </a> </div> </div> </div> </div> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <h2 class="article_title"><a href="news-events/news/4095-iap-research-grant-guidelines-2023-24.html">IAP Research Grant Guidelines 2023-24</a></h2> <p>The Indian Association of Physiotherapists announces Research Grants for the following categories for the members of IAP. Duration of the grant - This grant will be</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">17 Jan 2024</div> </div> <div class="twelvecol last"> ... <a href="news-events/news/4095-iap-research-grant-guidelines-2023-24.html"> Read more </a> </div> </div> </div> </div> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <h2 class="article_title"><a href="news-events/news/4092-join-iap-subgroup-for-expression-of-interest.html">Join IAP Subgroup For expression Of Interest</a></h2> <p>Indian Association of Physiotherapists has taken an initiative to create subgroups as per the line of WCPT. These subgroups will work in collaboration</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">12 Jul 2023</div> </div> <div class="twelvecol last"> ... <a href="news-events/news/4092-join-iap-subgroup-for-expression-of-interest.html"> Read more </a> </div> </div> </div> </div> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <h2 class="article_title"><a href="news-events/news/4088-advisory.html">Advisory</a></h2> <p>ADVISORY As per the Memorandum of IAP and Decision taken in the General body meeting, all the members of IAP are advised not to Participate in the</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">21 Feb 2023</div> </div> <div class="twelvecol last"> ... <a href="news-events/news/4088-advisory.html"> Read more </a> </div> </div> </div> </div> <div class="seeall"><a href="https://www.physiotherapyindia.org/news-events/news">See All</a> </div> </div> <div class="twelvecol last"> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <h2 class="article_title"><a href="news-events/events/4102-souvenir-61-iap-national-conference-dehradun-8-10-march-2024.html">Souvenir- 61 IAP National Conference Dehradun 8-10 March 2024</a></h2> <p>INDEX Message from Governor, Uttarakhand Message from President, IAP Message from General Secretary, IAP Message from National Treasurer, IAP Message from Vice Chancellorm H.N.B. Uttarakhand Medical Education University Message from Organising Chairperson Message</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">15 Apr 2024</div> </div> <div class="twelvecol last"> ... <a href="news-events/events/4102-souvenir-61-iap-national-conference-dehradun-8-10-march-2024.html"> Read more </a> </div> </div> </div> </div> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <div class="image"> <a href="news-events/events/3962-first-iap-corporate-conference.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/article/iap-corporate.jpg&size=article_medium" alt="First IAP Corporate Conference" /> <br /></a></div> <h2 class="article_title"><a href="news-events/events/3962-first-iap-corporate-conference.html">First IAP Corporate Conference</a></h2> <p>For the first time, IAP conducted a corporate conference in the City of Indore. The conference was started after a ribbon cutting ceremony by Honorable</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">10 Jul 2020</div> </div> <div class="twelvecol last"> ... <a href="news-events/events/3962-first-iap-corporate-conference.html"> Read more </a> </div> </div> </div> </div> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <div class="image"> <a href="news-events/events/3957-iap-58-annual-conference.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/article/58-iap-conf.jpg&size=article_medium" alt="IAP 58 Annual Conference" /> <br /></a></div> <h2 class="article_title"><a href="news-events/events/3957-iap-58-annual-conference.html">IAP 58 Annual Conference</a></h2> <p>58th Annual conference of the "Indian Association of Physiotherapy that started on 6th of March and concluded on 8th of March,2020. The 3 day annual</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">05 Jul 2020</div> </div> <div class="twelvecol last"> ... <a href="news-events/events/3957-iap-58-annual-conference.html"> Read more </a> </div> </div> </div> </div> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <div class="image"> <a href="news-events/events/3676-iap-deligation-with-shri-ashwini-choube-hon-state-health-minister-govt-of-india.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/article/noarticleimage.jpg&size=article_medium" alt="IAP Deligation With Shri Ashwini Choube Ji" /> <br /></a></div> <h2 class="article_title"><a href="news-events/events/3676-iap-deligation-with-shri-ashwini-choube-hon-state-health-minister-govt-of-india.html">IAP Deligation With Shri Ashwini Choube, Hon State Health Minister, Govt Of India</a></h2> <p>The IAP Delegates met The Hon'ble State health Minister, Shri Ashwini Choube. The delegates from the IAP met the Hon'ble health Minister and explained various</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">08 Oct 2017</div> </div> <div class="twelvecol last"> ... <a href="news-events/events/3676-iap-deligation-with-shri-ashwini-choube-hon-state-health-minister-govt-of-india.html"> Read more </a> </div> </div> </div> </div> <div class="short"><div class="short_holder"> <div class="ne-content-wrap"> <div class="image"> <a href="news-events/events/3686-iap-united.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/article/noarticleimage.jpg&size=article_medium" alt="IAP United Image Caption" /> <br /></a></div> <h2 class="article_title"><a href="news-events/events/3686-iap-united.html">IAP United</a></h2> <p>IAP United physiotherapyindia.org.in will open on this site only</p> </div> <div class="row"> <div class="twelvecol"> <div class="date">23 Nov 2017</div> </div> <div class="twelvecol last"> ... <a 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<div class="spliter"> <h2 class="block_title"><a href="https://www.physiotherapyindia.org/laws-guidance/guidelines">Guidelines</a></h2> <!--<h2><vte:value select="Guidelines" /></h2>--> <div class="row"> <div class="twentyfourcol last image"> <a href="laws-guidance/guidelines/3994-guidelines-by-iap-for-covid-19.html"> <img src="https://www.physiotherapyindia.org/thumbnail.php?file=abstractimages/article/iap-covid-guidelines.jpg&size=article_medium" alt="Guidelines by IAP for COVID 19" /> <br /></a> </div> </div> <div class="short"><div class="short_holder"> <h2 class="article_title min-height"><a href="laws-guidance/guidelines/3994-guidelines-by-iap-for-covid-19.html">Guidelines by IAP for COVID 19</a></h2> <p>Physiotherapy guidelines for patients with COVID- 19 in an Acute Care setting by the members ...</p> <!--<br /> <vte:if test="!"> <vte:if test="<p style="text-align: justify;"><span style="font-size: 1.2em;">Physiotherapy guidelines for patients with COVID- 19 in an Acute Care setting by the members of The Indian Association of Physiotherapists</span></p> <p style="text-align: justify;">Dr Anjali R Bhise, Principal, Government Physiotherapy college, Government Spine Institute, Civil hospital, Ahmedabad, Gujarat</p> <p style="text-align: justify;">Dr KM Annamalai, chief Physiotherapist, Apollo hospitals International limited, Ahmedabad, Gujarat</p> <p style="text-align: justify;">Dr G Arun Maiya, Professor and Dean, Physiotherapy, MCHP, MAHE Deemed University, Manipal</p> <p style="text-align: justify;">Dr Chinmaya Kumar Patra, Principal, Abhinav Bindra Sports Medicine and Research institute (ABSMARI), Bhubaneshwar, Odisha</p> <p style="text-align: justify;">Dr Kanchan Anand, HOD Physiotherapy, Fortis Escorts Heart Inst, NewDelhi</p> <p style="text-align: justify;">Dr Mariya Prakash Jiandani, Assoc Professor, Physiotherapy School & Center, Seth GSMC & KEMH, Mumbai</p> <p style="text-align: justify;">Dr Narasimman Swaminathan, Professorin Physiotherapy,Vice Principal, Faculty of Allied Health Sciences, Sri Ramachandra Institute of Higher Education and Research, Chennai,TamilNadu</p> <p style="text-align: justify;">Dr Nehal Shah, Principal Incharge, SBB College of Physiotherapy, Ahmedabad, Gujarat</p> <p style="text-align: justify;">Dr Prem V, Associate Professor and HOD, Physiotherapy, MCHP, MAHE Deemed University, Manipal hospital, Bangalore</p> <p style="text-align: justify;">Dr Priyanka Rishi, Associate Professor, Head of Laboratories, Department of Physiotherapy, Lovely Faculty of Allied Medical sciences, Lovely Professional University, Punjab.</p> <p style="text-align: justify;">Dr Ruchi Varshney, Director Ruchi Advanced Physiotherapy and Wellness, New Delhi.</p> <p style="text-align: justify;">Dr Sanjiv K Jha, Director CCDR, Principal RD Gargi, Madhya Pradesh</p> <p style="text-align: justify;">Dr Umanjali Damke, Principal and Professor, Physiotherapy S & C, Government Medical College and Hospital, Nagpur</p> <p style="text-align: justify;">Dr Vishwa Prakash Gupta, Chief Physiotherapist, Head - CTVS Physiotherapy Unit, Addl. Charge-CIMR, AIIMS, New Delhi</p> <p style="text-align: justify;"><strong>Preamble:<br /></strong><span style="text-align: justify;">Physiotherapist have been the frontline workers since the outbreak of the pandemic COVID19 a public health emergency creating a dramatic effect throughout the world in terms of economic health and social life. During this crisis phase where national and regional authorities have instituted extraordinary measures to contain the spread. Physiotherapists are constantly thriving to help patients to improve their lung functions, ability to ventilate and oxygenate better and reduce the external demand of supplemental oxygen.</span></p> <p style="text-align: justify;">The Indian Association of Physiotherapist hereby proposes to update the national consensus recommendations of physiotherapy management in COVID 19 in Acute care Indian Setup published (IJCCM OCT 2020 & Maharashtra state OTPT council June 2020) based on gathered experience, further consensus and literature and issue Guidelines for Pulmonary Physiotherapy in Acute care COVID 19 </p> <p style="text-align: justify;"><strong>Objective<br /></strong><span style="text-align: justify;">The objective of this Guideline is to explain the role of respiratory physiotherapy in confirmed Covid 19 patients in acute hospital settings. Respiratory physiotherapy aims to</span></p> <p style="text-align: justify;"><strong>1) </strong>Optimize ventilation and Oxygenation thereby reducing the need of supplement al oxygen to maintain saturation. This would minimize the additional need of oxygen as resource.</p> <p style="text-align: justify;"><strong>2) </strong>Relieve dyspnea and work of breathing hence reducing the load on respiratory muscles.</p> <p style="text-align: justify;"><strong>3) </strong>Remove secretions if present and clear airways to facilitate breath ing and improve ventilation.</p> <p style="text-align: justify;"><strong>4) </strong>Alleviate anxiety and depression which would help in reducing the stress on breathing, making patients more comfortable and improve their ability to follow commands.</p> <p style="text-align: justify;"><strong>5) </strong>Reduce complications associated with bedrest and ICU admi ssion hence reducing the length of hospital stay and improve quality of life</p> <p style="text-align: justify;"><strong>Scope</strong></p> <p style="text-align: justify;">This document provides fundamental information to physiotherapists involved in acute COVID - 19 care settings.</p> <p style="text-align: justify;"><strong>1) </strong>Screening and assessment for physiotherapy intervention</p> <p style="text-align: justify;"><strong>2 ) </strong>Indications and contraindications for respiratory physiotherapy</p> <p style="text-align: justify;"><strong>3) </strong>Pulmonary exercise interventions and</p> <p style="text-align: justify;"><strong>4) </strong>Safety and personal protection policy</p> <p style="text-align: justify;"><strong>Setting and Timing: </strong></p> <p style="text-align: justify;">Early respiratory physiotherapy is not recommended for severely and critically ill patients if their conditions remain unstabilised or if progressive deterioration is seen. The timing of respiratory physiotherapy intervention should exclude contraindicati ons and should not aggravate infection. The staged respiratory management measures can be used during different stages for patients with different sequela.</p> <p style="text-align: justify;"><strong>Core viewers:</strong></p> <p style="text-align: justify;">Physiotherapists involved in the care of adult COVID - 19 patients in intensive care un its, hospital care centers , jumbo centers, home ICUs and any other acute care settings.</p> <p style="text-align: justify;"><strong>Acute Care ICU & Step</strong> - down unit: These are high dependency units where individual patients need to be evaluated with close monitoring. Physiotherapist should use person al protective equipment (PPE) while treating patients with COVID 19. It may include geriatric patients, obese patients and patients with multiple co - morbidities, one or more organ failure, the physiotherapy team here should design a tailor - made rehab care plan based on individual problems of each patient.</p> <p style="text-align: justify;">Wards & Jumbo centers : Patients that are stable and do not need one on one monitoring can be treated with group therapy and contactless through the use of tele - physiotherapy , educational videos, remote co nsultations through sound systems, self - management booklets, exercise videos which are employed to reduce the usage of protective equipment and to avoid cross infections. During contact group therapy use of PPE is advocated.</p> <p style="text-align: justify;"> </p> <p style="text-align: justify;"><strong>Download The Complete Guidelines Document From The Attachment Section Of This Page Below</strong></p>"> <div><a href="laws-guidance/guidelines/3994-guidelines-by-iap-for-covid-19.html" class="button"> <vte:value select=" Read more " /></a></div> </vte:if> <vte:else><a class="visit" href=""><img src="https://www.physiotherapyindia.org/themes/physio/img/external.png" alt=" Visit website " /></a></vte:else></vte:if>--> <div class="clearfix" ></div> </div> </div> <div class="short"><div class="short_holder"> <div class="image"> <a href="laws-guidance/guidelines/3820-guide-to-physiotherapy-practice.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/article/guideline-pt-practice.jpg&size=article_medium" alt="Physiotherapy Practice Guidelines" /> <br /></a></div> <h2 class="article_title"><a href="laws-guidance/guidelines/3820-guide-to-physiotherapy-practice.html">Physiotherapy Practice Guidelines</a></h2> <p>The Guidelines to Physiotherapy Practice provides a details of of practices that should be incorprated <!--<vte:if test="<p>The Guidelines to Physiotherapy Practice provides a details of of practices that should be incorprated by Physiotherapist and Physiotherapist assistant educators, students, and clinicians. The Guideline serves the following purposes:</p> <ul> <li>It describes Physiotherapy practice.</li> <li>It briefly outlines the roles of Physiotherapist and Physiotherapist assistants across a broad range of settings and practice opportunities.</li> <li>It describes the settings in which Physiotherapist should practice.</li> <li>It standardizes terminology used in and related to Physiotherapist practice.</li> <li>It briefly reviews the educational preparation of Physiotherapist and Physiotherapist assistants.</li> <li>It delineates the clinical decision-making process that occurs as part of patient and client management.</li> <li>It describes the examination and evaluation process with a focus on tests and measures.</li> <li>It explains the selection process for choosing interventions and reviews specific interventions that are part of Physiotherapist practice.</li> <li>It describes how outcome measures are used.</li> </ul> <p><strong><br /></strong></p>">...</vte:if><vte:if test="!"> <vte:if test="<p>The Guidelines to Physiotherapy Practice provides a details of of practices that should be incorprated by Physiotherapist and Physiotherapist assistant educators, students, and clinicians. The Guideline serves the following purposes:</p> <ul> <li>It describes Physiotherapy practice.</li> <li>It briefly outlines the roles of Physiotherapist and Physiotherapist assistants across a broad range of settings and practice opportunities.</li> <li>It describes the settings in which Physiotherapist should practice.</li> <li>It standardizes terminology used in and related to Physiotherapist practice.</li> <li>It briefly reviews the educational preparation of Physiotherapist and Physiotherapist assistants.</li> <li>It delineates the clinical decision-making process that occurs as part of patient and client management.</li> <li>It describes the examination and evaluation process with a focus on tests and measures.</li> <li>It explains the selection process for choosing interventions and reviews specific interventions that are part of Physiotherapist practice.</li> <li>It describes how outcome measures are used.</li> </ul> <p><strong><br /></strong></p>"><a href="laws-guidance/guidelines/3820-guide-to-physiotherapy-practice.html"> <vte:value select=" Read more " /></a></vte:if> <vte:else><a class="visit" href=""><img src="https://www.physiotherapyindia.org/themes/physio/img/external.png" alt=" Visit website " /></a></vte:else></vte:if>--></p> <div class="clearfix" ></div> </div> </div> <div class="short"><div class="short_holder"> <div class="image"> <a href="laws-guidance/guidelines/3806-recommended-clinical-guidelines-and-protocols.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/article/clinical-guidelines.jpg&size=article_medium" alt="Recommended Clinical Guidelines and Protocols" /> <br /></a></div> <h2 class="article_title"><a href="laws-guidance/guidelines/3806-recommended-clinical-guidelines-and-protocols.html">Recommended Clinical Guidelines and Protocols</a></h2> <p>Guidelines are systematically developed by a group of experts to support doctors and patients in <!--<vte:if test="<p style="text-align: justify;"><span>Guidelines are systematically developed by a group of experts to support doctors and patients in making decisions concerning appropriate care for specific health problems. They are intended to promote quality, transparency and the transfer of scientific knowledge into routine clinical practice.</span></p> <p style="text-align: justify;">In the last 2 decades, the profession physiotherapy as medical science has rapidly increased its body of knowledge, and the introduction of evidence-based clinical guidelines was a logical step in this respect. In 2007, the Physiotherapy Evidence Database (PEDro) contained 478 evidence-based clinical guidelines. At the international level, the World Confederation for Physical Therapy (WCPT) has prioritized the development and implementation of clinical guidelines in its policy. The European Region of WCPT (ER-WCPT) has developed a framework for the development of clinical guidelines, and its database shows that, in 2010, eight European countries had physical therapy–specific guideline programs.</p> <p style="text-align: justify;">There are specific problems related to the use of guidelines by physical therapists in low- and middle-income countries. Physical therapy management is confronted with a high patient-to-physical therapist ratio, low accessibility to health care, lack of facilities and equipment, and short hospital stays. In addition, cultural and language differences mean that well-known outcome measures developed within a Western model are not suitable locally. Furthermore, roles and responsibilities of physical therapists may be different, with consequences for physical therapy diagnosis and decisions for treatment modalities or prevention. There is a need to develop an appropriate local body of evidence to address the specific circumstances. By so doing, suitable clinical guidelines can either be adapted from existing ones or established for low- and middle-income countries.</p> <p style="text-align: justify;"><strong>International Collaboration</strong><br />The growing body of knowledge in the field of clinical guidelines has provided opportunities for international collaboration. In 2002, the Guidelines International Network (G-I-N) was founded to provide a network and partnerships for guideline organisations, implementer, researchers, and other stakeholders in health care. The G-I-N seeks to improve the quality of health care by promoting systematic development of guidelines and their application to practice. In the field of physical therapy, international collaboration in producing guidelines and harmonizing guideline methods is limited. Despite the existence of several national programs for guideline development, to date they have not resulted in a structured international debate on the specific characteristics of clinical guidelines in physical therapy and possible consequences for methods of guideline development.<br /><br /><strong>The purposes of this article are:</strong> <br />(1) to explore methodological considerations for guideline developers and researchers in addressing specific physical therapy–related issues when developing guidelines for physical therapy diagnosis and treatment and <br />(2) to provide a perspective for further harmonisation of methods for guideline development, shared use of resources, and production of international evidence statements for physical therapist practice. These evidence statements would include considerations for formulating recommendations at the national level, with a specific focus on the identified challenges in low- and middle-income countries</p>">...</vte:if><vte:if test="!"> <vte:if test="<p style="text-align: justify;"><span>Guidelines are systematically developed by a group of experts to support doctors and patients in making decisions concerning appropriate care for specific health problems. They are intended to promote quality, transparency and the transfer of scientific knowledge into routine clinical practice.</span></p> <p style="text-align: justify;">In the last 2 decades, the profession physiotherapy as medical science has rapidly increased its body of knowledge, and the introduction of evidence-based clinical guidelines was a logical step in this respect. In 2007, the Physiotherapy Evidence Database (PEDro) contained 478 evidence-based clinical guidelines. At the international level, the World Confederation for Physical Therapy (WCPT) has prioritized the development and implementation of clinical guidelines in its policy. The European Region of WCPT (ER-WCPT) has developed a framework for the development of clinical guidelines, and its database shows that, in 2010, eight European countries had physical therapy–specific guideline programs.</p> <p style="text-align: justify;">There are specific problems related to the use of guidelines by physical therapists in low- and middle-income countries. Physical therapy management is confronted with a high patient-to-physical therapist ratio, low accessibility to health care, lack of facilities and equipment, and short hospital stays. In addition, cultural and language differences mean that well-known outcome measures developed within a Western model are not suitable locally. Furthermore, roles and responsibilities of physical therapists may be different, with consequences for physical therapy diagnosis and decisions for treatment modalities or prevention. There is a need to develop an appropriate local body of evidence to address the specific circumstances. By so doing, suitable clinical guidelines can either be adapted from existing ones or established for low- and middle-income countries.</p> <p style="text-align: justify;"><strong>International Collaboration</strong><br />The growing body of knowledge in the field of clinical guidelines has provided opportunities for international collaboration. In 2002, the Guidelines International Network (G-I-N) was founded to provide a network and partnerships for guideline organisations, implementer, researchers, and other stakeholders in health care. The G-I-N seeks to improve the quality of health care by promoting systematic development of guidelines and their application to practice. In the field of physical therapy, international collaboration in producing guidelines and harmonizing guideline methods is limited. Despite the existence of several national programs for guideline development, to date they have not resulted in a structured international debate on the specific characteristics of clinical guidelines in physical therapy and possible consequences for methods of guideline development.<br /><br /><strong>The purposes of this article are:</strong> <br />(1) to explore methodological considerations for guideline developers and researchers in addressing specific physical therapy–related issues when developing guidelines for physical therapy diagnosis and treatment and <br />(2) to provide a perspective for further harmonisation of methods for guideline development, shared use of resources, and production of international evidence statements for physical therapist practice. These evidence statements would include considerations for formulating recommendations at the national level, with a specific focus on the identified challenges in low- and middle-income countries</p>"><a href="laws-guidance/guidelines/3806-recommended-clinical-guidelines-and-protocols.html"> <vte:value select=" Read more " /></a></vte:if> <vte:else><a class="visit" href=""><img src="https://www.physiotherapyindia.org/themes/physio/img/external.png" alt=" Visit website " /></a></vte:else></vte:if>--></p> <div class="clearfix" ></div> </div> </div> </div><!--spliter--> </div> <div class="r12col last"> <div class="spliter"> <h2 class="block_title"><a href="https://www.physiotherapyindia.org/laws-guidance/quality-control">Quality Control</a></h2> <!--<h2><vte:value select="Quality Control" /></h2>--> <div class="row"> <div class="twentyfourcol last image"> <a href="laws-guidance/quality-control/3819-collaborative-care.html"> <img src="https://www.physiotherapyindia.org/thumbnail.php?file=abstractimages/article/collaborative-care.jpg&size=article_medium" alt="Collaborative Care" /> <br /></a> </div> </div> <div class="short"><div class="short_holder"> <h2 class="article_title min-height"><a href="laws-guidance/quality-control/3819-collaborative-care.html">Collaborative Care</a></h2> <p>It is the responsibility of all healthcare professionals to interact effectively with patients and service ...</p> <!--<br /> <vte:if test="!"> <vte:if test="<p style="text-align: justify;">It is the responsibility of all healthcare professionals to interact effectively with patients and service users . it is always beneficial to use communication as a primary tool for gathering information in order to diagnose, counsel, rehabilitate and build a therapeutic alliance with patients. Physiotherapist should incorporate effective communication techniques into interactions with patients are able to enhance patients’ health outcomes and satisfaction.</p> <p style="text-align: justify;">However, when sensitive situations arise where effective communication is most necessary, Physiotherapist can often exhibit avoidance behaviours instead of using their skills to handle the situation. Physiotherapist, especially those that work autonomously, cannot afford to shy away from sensitive issues when interacting with patients as they may miss key information or an opportunity to help the patient further . </p>"> <div><a href="laws-guidance/quality-control/3819-collaborative-care.html" class="button"> <vte:value select=" Read more " /></a></div> </vte:if> <vte:else><a class="visit" href=""><img src="https://www.physiotherapyindia.org/themes/physio/img/external.png" alt=" Visit website " /></a></vte:else></vte:if>--> <div class="clearfix" ></div> </div> </div> <div class="short"><div class="short_holder"> <div class="image"> <a href="laws-guidance/quality-control/3814-assessment-of-patients.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/article/patient-assesment.jpg&size=article_medium" alt="Assessment of Patients" /> <br /></a></div> <h2 class="article_title"><a href="laws-guidance/quality-control/3814-assessment-of-patients.html">Assessment of Patients</a></h2> <p>Patients assessments comprises a detail study of patients that is deduced from the Q/A session <!--<vte:if test="<div style="text-align: justify;">Patients assessments comprises a detail study of patients that is deduced from the Q/A session between the the Physiotherapists and the patients. It is important to perform a history and do a focused physical exam to be sure that there aren't any medical risks that would predispose the patient to a medical emergency during the actual procedure. It is also important to talk to the patient to get a feel for the patient's psychological state.</div> <div style="text-align: justify;"><strong>Risk Assessment : </strong>A risk assessment is performed for the Q/A session between the patients the physiotherapists. This even involves digging out the medical history of the patients and performing a physical examination. The information gathered as the medical historyis on the basis of risk assessment. A physiotherapist should deeply interact with the patients to attain maximum medical history of the patients.</div> <div style="text-align: justify;"><br />Following can be the information procured from the patient for their Medical history :</div> <div><ol> <li>Was a patient suffering from any systemic diseases</li> <li>The records of the previous hospitalizations</li> <li>If undergone any srgeries, if yes then its details</li> <li>Patients response to anesthetic events </li> <li>Existence of any allergies</li> <li>All previous medications details</li> <li>Any prevalent family histories in can of allergies</li> <li>social history</li> <li>drug or tobacco use</li> <li>Any injuries or accidents leading to orthopaedic treatments of bone fractures.</li> <li>Orthopedic surgery details</li> </ol> <p><br /><strong>Physical Examination: </strong>During the physical examination a review of systems is conducted, in order to obtain information about specific organ systems. Begin with the basic vital signs including blood pressure, heart rate, respiratory rate, and record the height and weight of the patient. A complete physical examination should also include a head, neck, cardiovascular and pulmonary examination. In addition, it is also important to perform an airway test to test the beathing cpndition of the patients.</p> <p>The focused physical exam should include the following components:</p> <ol> <li>Test Results</li> <li>Assessment of physical, mental and neurological status</li> <li>Vital Signs</li> <li>Airway Assessment</li> <li>Lung Assessment</li> <li>CNS and PNS Assessment</li> <li>Physical Examination</li> <li>Resources</li> </ol> <p>During the history and physical examination, it is also important to ascertain the patient's anxiety level. Some symptoms of anxiety include sweating, pulse rates, heart beats count,etc. A good history is merely confirmed by the physical examination.</p> <p>Obesety check is also an important physical examination based on the obesety various excersis can be framed considering the obesity of the patient.</p> <p><strong>Be sure to assess the following:</strong></p> </div> <div><ol> <li>Demonstrate and understanding of patients/ rights and consent</li> <li>Demonstrate commitment to learning</li> <li>Demonstrates ethical, legal and cultural sensitive practice</li> <li>Demonstrates teamwork</li> <li>Communicates effectively and appropriately - verbal / non verbal</li> <li>Demonstrates Clear and accurate documentation</li> <li>Conducts an appropriate patient / client interview</li> <li>Selects and measures relevant health indicators and outcomes</li> <li>Performs appropriate physical assessments procedures</li> <li>Appropriately interprets assessment findings</li> <li>Identifies and prioritises Patient's problems</li> <li>Set realistic short and long terms goals with the patient.</li> <li>Select appropriate intervention in collaboration with the patient.</li> <li>Performs interventions appropriately</li> <li>is an effective educator</li> <li>Monitors the effect of interventions</li> <li>Progress interventions appropriately</li> <li>Undertakes discharge planning</li> <li>Applies evidence based practice in patient care</li> <li>identifies adverse event / near misses and minimises rink associated wit the assessment and intervention</li> </ol></div>">...</vte:if><vte:if test="!"> <vte:if test="<div style="text-align: justify;">Patients assessments comprises a detail study of patients that is deduced from the Q/A session between the the Physiotherapists and the patients. It is important to perform a history and do a focused physical exam to be sure that there aren't any medical risks that would predispose the patient to a medical emergency during the actual procedure. It is also important to talk to the patient to get a feel for the patient's psychological state.</div> <div style="text-align: justify;"><strong>Risk Assessment : </strong>A risk assessment is performed for the Q/A session between the patients the physiotherapists. This even involves digging out the medical history of the patients and performing a physical examination. The information gathered as the medical historyis on the basis of risk assessment. A physiotherapist should deeply interact with the patients to attain maximum medical history of the patients.</div> <div style="text-align: justify;"><br />Following can be the information procured from the patient for their Medical history :</div> <div><ol> <li>Was a patient suffering from any systemic diseases</li> <li>The records of the previous hospitalizations</li> <li>If undergone any srgeries, if yes then its details</li> <li>Patients response to anesthetic events </li> <li>Existence of any allergies</li> <li>All previous medications details</li> <li>Any prevalent family histories in can of allergies</li> <li>social history</li> <li>drug or tobacco use</li> <li>Any injuries or accidents leading to orthopaedic treatments of bone fractures.</li> <li>Orthopedic surgery details</li> </ol> <p><br /><strong>Physical Examination: </strong>During the physical examination a review of systems is conducted, in order to obtain information about specific organ systems. Begin with the basic vital signs including blood pressure, heart rate, respiratory rate, and record the height and weight of the patient. A complete physical examination should also include a head, neck, cardiovascular and pulmonary examination. In addition, it is also important to perform an airway test to test the beathing cpndition of the patients.</p> <p>The focused physical exam should include the following components:</p> <ol> <li>Test Results</li> <li>Assessment of physical, mental and neurological status</li> <li>Vital Signs</li> <li>Airway Assessment</li> <li>Lung Assessment</li> <li>CNS and PNS Assessment</li> <li>Physical Examination</li> <li>Resources</li> </ol> <p>During the history and physical examination, it is also important to ascertain the patient's anxiety level. Some symptoms of anxiety include sweating, pulse rates, heart beats count,etc. A good history is merely confirmed by the physical examination.</p> <p>Obesety check is also an important physical examination based on the obesety various excersis can be framed considering the obesity of the patient.</p> <p><strong>Be sure to assess the following:</strong></p> </div> <div><ol> <li>Demonstrate and understanding of patients/ rights and consent</li> <li>Demonstrate commitment to learning</li> <li>Demonstrates ethical, legal and cultural sensitive practice</li> <li>Demonstrates teamwork</li> <li>Communicates effectively and appropriately - verbal / non verbal</li> <li>Demonstrates Clear and accurate documentation</li> <li>Conducts an appropriate patient / client interview</li> <li>Selects and measures relevant health indicators and outcomes</li> <li>Performs appropriate physical assessments procedures</li> <li>Appropriately interprets assessment findings</li> <li>Identifies and prioritises Patient's problems</li> <li>Set realistic short and long terms goals with the patient.</li> <li>Select appropriate intervention in collaboration with the patient.</li> <li>Performs interventions appropriately</li> <li>is an effective educator</li> <li>Monitors the effect of interventions</li> <li>Progress interventions appropriately</li> <li>Undertakes discharge planning</li> <li>Applies evidence based practice in patient care</li> <li>identifies adverse event / near misses and minimises rink associated wit the assessment and intervention</li> </ol></div>"><a href="laws-guidance/quality-control/3814-assessment-of-patients.html"> <vte:value select=" Read more " /></a></vte:if> <vte:else><a class="visit" href=""><img src="https://www.physiotherapyindia.org/themes/physio/img/external.png" alt=" Visit website " /></a></vte:else></vte:if>--></p> <div class="clearfix" ></div> </div> </div> <div class="short"><div class="short_holder"> <div class="image"> <a href="laws-guidance/quality-control/3818-evidence-research.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/article/evidence-research.jpg&size=article_medium" alt="Evidence & Research" /> <br /></a></div> <h2 class="article_title"><a href="laws-guidance/quality-control/3818-evidence-research.html">Evidence & Research</a></h2> <p>For an accuration medication and conclusion to make the best decisions for patient care, we <!--<vte:if test="<p style="text-align: justify;">For an accuration medication and conclusion to make the best decisions for patient care, we need valid information about prevention, diagnosis, prognosis and treatment. The traditional sources for this information may not be in detail as they can be outdated informations, frequently wrong, ineffective, or too overwhelming in their volume and too variable in their validity for practical clinical use. Evidence available in any clinical decision-making can be arranged in order of strength based on its likelihood of freedom from error.</p> <p style="text-align: justify;">For example, for treatment decisions meta-analyses of well conducted large randomized trails may be the strongest evidence, followed by large multi-centric randomized trails, meta-analysis of well conducted small randomized trails, single centred randomized trails, observational studies, clinical experience or basic science research</p> <p style="text-align: justify;">Evidence in the mdecal research has evolved to Evidence-based Medicine (EBM). This term was first appeared in the American College of Physicians Journal Club in 1991. EBM is a conclusion derived by integrating the results from the best research evidence, clinical expertise and the patient’s unique values and circumstances. The Clinical expertise is derived by tking a detail history . Various physical examination and years of experience and the patient’s values include social and cultural factors besides the individual’s ideas concerns and expectations.</p> <p>More content to be generated....</p>">...</vte:if><vte:if test="!"> <vte:if test="<p style="text-align: justify;">For an accuration medication and conclusion to make the best decisions for patient care, we need valid information about prevention, diagnosis, prognosis and treatment. The traditional sources for this information may not be in detail as they can be outdated informations, frequently wrong, ineffective, or too overwhelming in their volume and too variable in their validity for practical clinical use. Evidence available in any clinical decision-making can be arranged in order of strength based on its likelihood of freedom from error.</p> <p style="text-align: justify;">For example, for treatment decisions meta-analyses of well conducted large randomized trails may be the strongest evidence, followed by large multi-centric randomized trails, meta-analysis of well conducted small randomized trails, single centred randomized trails, observational studies, clinical experience or basic science research</p> <p style="text-align: justify;">Evidence in the mdecal research has evolved to Evidence-based Medicine (EBM). This term was first appeared in the American College of Physicians Journal Club in 1991. EBM is a conclusion derived by integrating the results from the best research evidence, clinical expertise and the patient’s unique values and circumstances. The Clinical expertise is derived by tking a detail history . Various physical examination and years of experience and the patient’s values include social and cultural factors besides the individual’s ideas concerns and expectations.</p> <p>More content to be generated....</p>"><a href="laws-guidance/quality-control/3818-evidence-research.html"> <vte:value select=" Read more " /></a></vte:if> <vte:else><a class="visit" href=""><img src="https://www.physiotherapyindia.org/themes/physio/img/external.png" alt=" Visit website " /></a></vte:else></vte:if>--></p> <div class="clearfix" ></div> </div> </div> </div><!--spliter--> </div> </div> <div class="twelvecoln last"> <div class="r12col"> <div class="spliter"> <h2 class="block_title"><a href="https://www.physiotherapyindia.org/laws-guidance/judgments">Judgments</a></h2> <!--<h2><vte:value select="Judgments" /></h2>--> <div class="row"> <div class="twentyfourcol last image"> <a href="laws-guidance/judgments/3883-the-director-lalaram-sarup-institute-vs-prabhu-lal-jat.html"> <img src="https://www.physiotherapyindia.org/thumbnail.php?file=abstractimages/article/judgments/LalaramSarup-nstitute-Vs-PrabhuLalJat.jpg&size=article_medium" alt="The Director Lalaram Sarup Institute Vs Prabhu Lal Jat" /> <br /></a> </div> </div> <div class="short"><div class="short_holder"> <h2 class="article_title min-height"><a href="laws-guidance/judgments/3883-the-director-lalaram-sarup-institute-vs-prabhu-lal-jat.html">The Director Lalaram Sarup Institute Vs Prabhu Lal Jat</a></h2> <p>Petitioner an autonomous institute under ministry of heath and control -- The respondent working the ...</p> <!--<br /> <vte:if test="!"> <vte:if test="<p>Writ Petition (C) No. 15870 of 2012 </p> <p><strong>APPELLANT/PETIONER </strong>: The director Lalaram Sarup Institute For Tuberculosis & Respiratory Dieseases & Others</p> <p><strong>RESPONDANT</strong> ; Prabhu Lal Jat</p> <p><strong>ADVOCATES APPEARED</strong></p> <p><strong>PETIONER</strong> : Adv Mr.Ayushya Kumar.</p> <p><strong>RESPONDANT </strong> Adv. Mr. R.K. Shukla.</p> <p><strong>JUDGES/ CORAM :</strong> Hon'ble Justice Veena Birbal; Hon'ble Justice Anil Kumar</p> <p><strong>ACTS & SECTIONS</strong><br />Article 226 of the Constitution of India</p> <p><span style="font-size: medium;"><strong>JUDGMENT<br /></strong></span><br />This is a petition under Article 226 of the Constitution of India filed by petitioner challenging impugned order dated 20.04.2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as „the Tribunal‟) passed in Contempt Petition No. 130/2010 in OA No. 1793/2009 filed by the respondent.<br /><br />2. The petitioner Institute is an autonomous body functioning under the direct control of Ministry of Health and Family Welfare. The respondent had joined the petitioners‟ organization as a „Physiotherapist‟ on 01.08.1994. On the basis of recommendations of Fifth Pay Commission, the respondent had made a representation to petitioner for the grant of revised pay scale of ` 5500-9000 which was granted to him vide order dated 29.12.1998. On 19.07.2004, on the basis of audit objections raised by the CAG, the said pay scale was withdrawn and the respondent was placed in the pay scale of ` 4500- 7000. Thereafter, petitioner was granted the benefit of ACP Scheme vide order dated 27.10.2006 and was placed in the higher pay scale of ` 5000-8000 w.e.f. 24.08.2006 on completion of 12 years of service.<br /><br />3. Respondent had filed a writ petition before this court challenging the withdrawal of pay scale of ` 5500-9000 which was granted to him earlier. The said petition was transferred to the Tribunal and was numbered as TA No. 30/2007. The said TA was disposed of vide order dated 06.11.2007 wherein directions were given to petitioner to take a final decision with regard to grant of pay scale of ` 5500-9000 to the respondent no. 1 within a period of three months.<br />Thereafter, the petitioner vide orders dated 01.04.2008 and 03.04.2008 disposed of the issue raised by the respondent and a decision was taken to grant the said pay scale to the respondent prospectively and the said order was passed in consultation with the Ministry of Health of Family Welfare and the approval was also accorded by the Ministry of Finance. The aforesaid orders were challenged by the respondent by filing OA No. 864/2008. The said OA was disposed of vide order dated 20.11.2008 and the matter was remanded back to the petitioner to reconsider the claim of the respondent for grant of pay scale of ` 5500-9000 w.e.f. 01.01.1996. In compliance of the directions of the Tribunal, the petitioners‟ organization passed an order dated 25.05.2009 rejecting the claim of respondent on the ground that the respondent cannot claim parity with the post of Physiotherapist in PGIMER Chandigarh and AIIMS by giving a detailed reasoning. Even the said order was challenged before the Tribunal by filing OA No. 1793/2009 with a prayer for grant of pay scale of ` 5500-9000 w.e.f. 01.01.1996. A detailed counter affidavit was filed by the petitioners giving reasons as to why the said pay scale cannot be granted to the respondent w.e.f. 01.01.1996. The Tribunal vide order dated 23.11.2009 disposed of OA No. 1793/2009 directing the petitioner to reconsider the grant of pay scale to the respondent w.e.f. 01.01.1996 within a period of two months from the date of receipt of certified copy of the order.<br /><br />4. In compliance of the directions of the Tribunal, the petitioner organization passed a detailed order dated 22.01.2010 rejecting the claim of the respondent by passing a speaking order discussing as to why the respondent cannot be given the pay scale of ` 5500-9000 w.e.f. 01.01.1996.<br /><br />5. Aggrieved with the same, the respondent filed a contempt petition being C.P. No.130/2010 which has been disposed of vide impugned order dated 20.04.2010 by which Tribunal has observed that the directions given to the petitioners have not been complied with as such another opportunity is given to the petitioners for complying with directions in true letter and spirit by passing a fresh order within two weeks from the date of passing of the order.<br /><br />6. Aggrieved with the same, the present petition is filed.<br /><br />7. Counsel for petitioner has contended that the respondent has been approaching repeatedly before the Tribunal for the grant of pay scale of ` 5500-9000 w.e.f. 01.01.1996 and on the directions of the Tribunal the petitioner organization has repeatedly passed the orders on different dates giving reasons as to why the said scale cannot be given to respondent w.e.f. 01.01.1996. It is contended that when the directions of the Tribunal have already been complied with by passing a reasoned and speaking order dated 22.01.2010, the Tribunal ought not have passed fresh order for reconsideration of the grant of pay-scale as demanded by the respondent by giving another opportunity to petitioner while disposing of contempt petition.<br /><br />8. The counsel for respondent is present on an advance notice who has submitted that the order of the Tribunal dated 22.01.2010 was not complied with by the petitioners due to which respondent had to file the contempt petition and the Tribunal has not exceeded its jurisdiction by giving fresh directions as are stated in the impugned order as such no case for interference is made out.<br /><br />9. It may be seen that the respondent has been litigating with the petitioner for the grant of pay scale of ` 5500-9000 w.e.f. 01.01.1996 and in this connection has approached the Tribunal a number of times on one ground or the other. Every time the Tribunal has given one direction or the other to the petitioners and the same has been complied with by petitioners.<br />In OA No. 1793/2009, the respondent had challenged the order dated 25.05.2009 of the petitioners by which it had rejected the claim of the respondent for grant of pay scale of ` 5500-9000 w.e.f. 01.01.1996. The Tribunal has disposed of the said OA on 23.11.2009 with the following directions:-<br /><br /><br />"In the above view of the matter the stand taken by the respondents to grant the pay scale prospectively to the applicant vide the impugned order cannot be sustained in law. OA is accordingly allowed to the extent that impugned order is set aside. Respondents are now directed to re- consider grant of pay scale of Rs. 5500-9000 to the applicant w.e.f. 01.01.1996 with arrears, within a period of two months from the date of receipt of a certified copy of this order. No costs."<br /><br />10. In compliance of above directions, the petitioner has passed a detailed speaking order on 22.01.2010 which is as follows:-</p> <p> </p> <p style="padding-left: 30px;">"2. As directed by the Hon‟ble Tribunal vide its order dated 23.11.2009, the matter has been examined in the Ministry of Health and Family Welfare in consultation with Ministry of Finance regarding grant of pay scale of Rs. 5500-9000 w.e.f. 01.01.1996 to the applicant at par with autonomous bodies like PGIMER Chandigarh and other bodies. The observations of Min. of Finance are as follows:<br /><span> </span></p> <p style="padding-left: 60px;">(i) "In the instant judgment, the Court has observed that in the case of Lab Technicians, the recommendations of 5th CPC have been made applicable w.e.f. 01.01.1996 retrospectively while the applicant in the present case has been denied these benefits. In this regard, it is mentioned that while extending the revise pay scales w.e.f. 1.1.1996 retrospectively in the case of Lab Technicians in LRS Institute are at par with the educational qualifications required for the post of Lab Technicians in other hospitals.<br /><br />(ii) Whereas in the case of Physiotherapist in LRS Institute, it was observed that the educational qualifications for the post of Physiotherapist in LRS Institute were soften than other institutes. The educational qualifications required for the post of Physiotherapist, LRS are Degree/Diploma in Physiotherapy. Whereas the educational qualifications required for the post of Physiotherapist in PGIMER are Degree in Physiotherapy with one year experience or Diploma in Physiotherapy with three years experience and in AIIMS are Inter(Science) plus Degree in Physiotherapy/Occupational Therapy. Hence, it was decided to grant the pay scale of Rs. 5500-9000 to the post of Physiotherapist in LRS Institute on prospective basis subject to the condition that the RRs of the post of Physiotherapist in LRS Institute are amended to make them comparable with the similar posts in other institutes like PGIMER as following:Qualification : Diploma in Physiotherapist with 3 yrs experience Or Degree in Physiotherapist with one year experience.<br /><br />(iii) Therefore, the revised pay scale of the post of Lab Technicians were approved without any change in Recruitment Rules while the revised pay scales of the post of Physiotherapist were approved subject to the condition that the RRs would be amended separately and such pay scale necessarily have to take prospective effect.<br /><br />(iv) In view of the above, the case of Lab Technicians and Physiotherapist in LRS Institute are not comparable and on the analogy of the case of Lab Technicians, the pay scale of the post of Physiotherapist may not be revised w.e.f. 01.01.1996 retrospectively."</p> <p style="padding-left: 60px;"> </p> <p style="padding-left: 30px;">3. In view of the above foregoing, you are hereby informed that your claim for grant of pay scale of Rs. 5500-9000 with retrospective effect from 01.01.1996 is rejected on the above grounds, speaking order passed in the compliance of CAT judgment dated 06.11.2007 will hold good allowing you the grant of pay scale prospectively w.e.f. 20.02.2008."11. The above order of petitioner shows that the directions given by the Tribunal in the order dated 23.11.2009 have been fully complied with. The petitioners have given reasons in the aforesaid order as to why Lab Technicians in LRS Institute have been granted pay-scales retrospectively whereas respondent is given prospectively. The aforesaid order is a self-contained and speaking order and there is total compliance of the directions of the Tribunal given in aforesaid order. In these circumstances, Tribunal was not justified in entertaining the contempt petition and issuing further directions to petitioners for reconsideration by the impugned order. By doing so, the Tribunal has exceeded its jurisdiction. In case the respondent was having any grievance against the order dated 22.01.2010 of the petitioners, he could have challenged the same by filing a fresh petition in accordance with law and not by filing a contempt petition as is done in the present case."</p> <p><br />12. In view of above discussion, the impugned order can‟t be sustained in the eyes of law. We, therefore, allow the present petition and set aside the impugned order dated 20.04.2010.</p> <p>13. The respondent shall, however, be entitled to file fresh petition before the Tribunal challenging the order dated 22.01.2010 of the petitioner in accordance with law.</p> <p>14. Considering the facts and circumstances of the case, the parties are, however, left to bear their own costs.</p>"> <div><a href="laws-guidance/judgments/3883-the-director-lalaram-sarup-institute-vs-prabhu-lal-jat.html" class="button"> <vte:value select=" Read more " /></a></div> </vte:if> <vte:else><a class="visit" href=""><img src="https://www.physiotherapyindia.org/themes/physio/img/external.png" alt=" Visit website " /></a></vte:else></vte:if>--> <div class="clearfix" ></div> </div> </div> <div class="short"><div class="short_holder"> <div class="image"> <a href="laws-guidance/judgments/3882-sathish-k-thomas-vs-state-of-kerala-on-13-june-2012.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/article/judgments/satishkthomas-stateofkerala.jpg&size=article_medium" alt="Sathish K Thomas vs State Of Kerala" /> <br /></a></div> <h2 class="article_title"><a href="laws-guidance/judgments/3882-sathish-k-thomas-vs-state-of-kerala-on-13-june-2012.html">Sathish K Thomas vs State Of Kerala</a></h2> <p>writ petitions are filed by the Association for Physiotherapists and practising Physiotherapists, seeking a direction <!--<vte:if test="<p>Writ Petition (C) No. 15870 of 2012 </p> <p><strong>APPELLANT/PETIONER<span> </span> </strong>: <br />Satish K Thomas(PT), <br />Kollamparambil House, Kavvachira, Thoyammal Bala.<br />P.O. Hosdurg , District Kasargod.</p> <p><strong>RESPONDANT</strong><span> </span>; <br />1. State of kerala, represented by its secretary to governmentHealth & Family Welfare DepartmentGovt. GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.<br />2. The Director of Medical Edication Thiruvanantpuram<br />3. Indian Association Of Physical Medicine & RehabilitationKerala Chapter, Sanjeevami, Church RoadChovva, Kannur<br />4. India Medical AssociationKerala State Branch, IMA State HeadquartersAnayara,ANAYARA,ThiruvanantpuramRepresented by its secretary.</p> <p><strong>ADVOCATES APPEARED</strong></p> <p><strong>PETIONER</strong><span> <br /></span>Adv. Jose J.Mathaikal, <span style="text-align: justify;">Smt. Adv V.P.Seemandini, Adv. Ramesh </span></p> <p><strong>RESPONDANT </strong><strong><br /></strong>1 & 2 Govt. Pleader Adv. Ron Bastan<br />3 & 4 Sri V.V Asokan,Adv. K.I Mayakutty Mather,Adv K.G Anil</p> <p><strong>JUDGES :</strong> Hon'ble Mr. Justice A. Muhamed Mustaque</p> <p><strong>ACTS & SECTIONS</strong><br />The Indian Medical Council Act, 1956<br />The Occupational Therapy Act, 1997</p> <p><strong>JUDGMENT</strong></p> <p style="text-align: justify;">These writ petitions are related to the practice of Physiotherapists in the State. Except W.P(C) No.20335/2013, all other writ petitions are filed by the Association for Physiotherapists and persons who are practising as Physiotherapists, seeking a direction to the State to create a Council for Physiotherapists. W.P(C) No.20335/2013 is filed by the Indian Medical Association seeking a direction to constitute a separate department in the State to take necessary steps to check quackery. It is alleged by them that many Physiotherapists in the State engaged in the practice of modern medicine without any authority. According to the Indian Medical Association, the Indian Medical Council Act, 1956 is to regulate the medical practice and only qualified medical degree holders can practice in modern medicine.<br />W.P.(C) No.15870/2012 & conn. cases 2</p> <p style="text-align: justify;"><strong>2. </strong>Heard Smt.V.P.Seemandini, Sri.Ramesh and Sri.Jose J. Mathaikal, learned counsel for the petitioners. I have also heard Sri.K.I .Mayankutty Mather, learned counsel appearing for the Indian Medical Association.</p> <p style="text-align: justify;"><strong>3. </strong>Physiotherapists in the State through their Association raised a demand with the Government for formation of a Physiotherapy Council. They also filed a writ petition before this Court as W.P.(C) No.36941/2010. This Court disposed of the writ petition directing the Government to consider the representation. The Government, by order dated 13.06.2012, rejected the demand for formation of Council. The said order is produced as Ext.P5 in W.P.(C) No.17506/2012. The reasons for rejection are enumerated in the order. It is appropriate to refer to those reasons.</p> <p style="text-align: justify; padding-left: 30px;">"a) At present the medical practitioners who have necessary qualifications prescribed in Medical Council of India Act, 1956 are legally entitled for examination, diagnosis and making a treatment plan of patients, whereas the physiotherapists are functioning only as a supportive group.</p> <p style="text-align: justify; padding-left: 30px;">b) The qualifications prescribed by the UGC in terms of appointment of teachers in physiotherapy do not W.P.(C) No.15870/2012 & conn. cases 3 seem to be mandatory in the field of medical education in Kerala.</p> <p style="text-align: justify; padding-left: 30px;">c) The argument that the physiotherapists are undergoing a study period of four and half years for getting Degree Certificate, is equally applicable in the case of B.Sc MLT, B.Sc M.Pharm, B.Sc Nursing and the like. That means, the Physiotherapy course is not unique, in terms of its duration or structure, as claimed by the petitioners.</p> <p style="text-align: justify; padding-left: 30px;">d) Before moving for the formation of an independent council they have to establish it as a separate system of medicine by achieving the recognition from the Medical Council of India.</p> <p style="text-align: justify; padding-left: 30px;">e) At present, physiotherapists are generally included in the category of Allied Health Professionals both in India and abroad. In short it is a supportive group for the medical profession and does not have an independent status. They are only adjutants for effective cure and recovery.</p> <p style="text-align: justify; padding-left: 30px;">f) The proposed Paramedical Council consists of Doctors belonging to different specialities of modern medicine. On the contrary, the demand of the petitioner is to form an exclusive council, consisting of physiotherapists alone. This demand could not be accepted, since such a council is likely to have a biased and baseless approach in all the matters, including that of therapy. Besides, there is every chance on their part to start practising and W.P.(C) No.15870/2012 & conn. cases 4 prescribing medicine, on their own risk. And ultimately, this will create a competition and parallel generation of quacks, which may adversely affect the public health of the state.</p> <p style="text-align: justify; padding-left: 30px;">g) Above all, if a separate council for physiotherapists is formed on the basis of the present request, it is obvious that the other categories now included in the list of technicians under the paramedical council, will also emerge with strong demand to constitute independent councils, with justifications of their own; followed by legal and other dynamic interventions".</p> <p style="text-align: justify;"><strong>4. </strong>Learned counsel for the petitioners, who represent the interest of Physiotherapists, challenged the order on many grounds. They pointed out the Regulations in other States in India. They also relied on the Model Curriculum Handbook of Physiotherapy issued by the Union Ministry. According to them, Physiotherapy has been recognised as a profession and it is necessary to regulate the profession by creating an accountability by registration. It is argued that in order to prevent the practice of Physiotherapy by unqualified hands, such Regulation is a must. Learned counsel also referred to the syllabus of the University in the State which impart courses in Physiotherapy. It is submitted that since they are rendering health related service, the W.P.(C) No.15870/2012 & conn. cases 5 Physiotherapists will have to be treated as Allied and Health Care Professionals (Physiotherapy). It is also argued by the counsel that they have no intention to encroach upon the practice of modern medicine as regulated by the Indian Medical Council Act, 1956. Learned counsel further argued that the Principal Secretary of the Family Welfare Department who authored Ext.P5 order entertained bias and issued the order with prejudicial mind.</p> <p style="text-align: justify;"><strong>5.</strong> On the other hand, learned counsel for the Indian Medical Association, defending the Government Order, submitted before this Court that the intention of the Physiotherapists' Association is to engage in modern medicine practice under the umbrella and the shelter of the Council which they propose to formulate. Learned counsel vehemently opposed the constitution of any Council. It is argued that without the supervision or control of medical practitioners, Physiotherapists cannot be permitted to practice independently. Learned counsel submitted that it is necessary to diagnose a patient before administrating any medical service and it would be dangerous to allow the independent practice of the Physiotherapists who have no expertise in the field.<br />W.P.(C) No.15870/2012 & conn. cases 6</p> <p style="text-align: justify;"><strong>6.</strong> The role of the Court is very limited. Health is a major concern of the State. It is for the State to regulate any personnel engaged in health service. The Court has an expertise in the field. However, what looms at large is the public interest of the people in the State. It is necessary to prevent illegal practice by unqualified hands. Law is the weapon and authority for the State over the community. In the absence of law, persons who have no qualification will engage in the service which require regulation. In order to check illegal practices, Regulation is essential. It is appropriate to refer Physiotherapy as a profession as referred in the handbook issued by the Union Government.</p> <p style="text-align: justify; padding-left: 30px;">"Physiotherapy practice spans the continuum from health promotion to prevention to rehabilitation for individuals and populations throughout the lifespan. Physiotherapy diagnoses movement dysfunctions based on skillful examination and evaluation regardless of the cause or etiology and provide skilled therapeutic intervention to foster improvement in physical functioning and maximizing overall quality of life. Physiotherapists provide the initial access into the health care system for persons with impairments and functional limitations amenable to physiotherapy and engage in collegial referral W.P.(C) No.15870/2012 & conn. cases 7 relationships with other health care professionals.</p> <p style="text-align: justify; padding-left: 30px;">Physiotherapist's role also includes that of case manager, teacher, researcher, and consultant. The faculty believes the first priority of education is to prepare people for a well-rounded, balanced life with broad social and cultural interests and as involved, active citizens of our country.</p> <p style="text-align: justify; padding-left: 30px;">Physiotherapist must have commitments to lifelong learning and to search for the evidence that supports and advances practice. Critical thinking, problem solving, intellectual perseverance and courage are all essential characteristics of the successful physiotherapist.</p> <p style="text-align: justify; padding-left: 30px;">About Physiotherapy Physiotherapists are health care professionals with a significant role in health promotion and treatment of injury and diseases. They combine their in-depth knowledge of the body and how it works with specialized hands-on clinical skills to assess, diagnose and treat symptoms of illness, injury or disability.</p> <p style="text-align: justify; padding-left: 30px;">All physiotherapists registered to practice are qualified to provide safe and effective physiotherapy. They have met national entry-level education and practice standards, and have successfully passed a standardized physiotherapy competence examination".</p> <p style="text-align: justify;">W.P.(C) No.15870/2012 & conn.cases 8</p> <p style="text-align: justify;"><strong>7.</strong>There are two key issues in the matter.One is in relation to the illegal practice of Physiotherapists by unqualified hands. Second is related to the practice of modern medicine by qualified Physiotherapists without the supervision or control of qualified practitioners of modern medicine. To secure the interests of the public, it is necessary to regulate the activities of the Physiotherapists. This Court is of the view that the formation of the Council is the one way to regulate the practice of Physiotherapists in the State. The Council can define modalities of practice by Physiotherapists without encroaching upon the practice of modern medicine as regulated under the Indian Medical Council Act, 1956. This is necessary to check the illegal practice of Physiotherapy by unqualified hands. It is also essential to create accountability for Physiotherapists in the State. As apprehended by the Indian Medical Association, if the Physiotherapists engage in the practice of any other area of medicine, certainly they can be de-registered by the Council.</p> <p style="text-align: justify;">Therefore, it is essentially in the interests of both the Physiotherapists and the practitioners of modern medicine, a separate Council is formed to regulate the practice of W.P.(C) No.15870/2012 & conn. cases 9 Physiotherapy and also to create accountability of such practice. It appears that the Government in its order dated 13.06.2012, viewed that the attempt of formation of a Council of Physiotherapists is to practice a separate system of medicine. The Government itself is misdirected on a perceived notion that the Physiotherapists are attempting to practice independently in the specialised field of modern medicine. This Court is of the view that if a Council is formed, the State can demarcate the boundaries of engagement by the Physiotherapists in providing health service to the people. In what manner they can discharge the service also can be regulated by the Council. It is also highly necessary to prevent the illegal practice of Physiotherapy by unqualified hands. Thus, public interests demand intervention of the State to regulate the activities of Physiotherapists in the State. This Court cannot direct the State to come up with a legislation. For the same reasons referred in the Government order dated 13.06.2012, this Court is of the view that the practice of Physiotherapy must be regulated by the State. I am at aghast to note that the Government rejected the demand for formation of a Council on a notion that the Physiotherapists W.P.(C) No.15870/2012 & conn. cases 10 demand practice in modern medicine. It is unknown on what basis such a notion was entertained by the Government. Government need be concerned only about the larger public interest in the matter. The larger public interest demands formulation of Regulation for the practice of Physiotherapy. That concern has been overlooked in the matter.</p> <p style="text-align: justify;">Therefore, the Government Order dated 13.06.2012 impugned in all the writ petitions is set aside. To protect the interests of the public by preventing illegal practice of modern medicines or any other field of medicine by Physiotherapists and also to check illegal practice of Physiotherapy by unqualified hands, the State will have to reconsider the matter. As already noted, it is within purely the domain of the State to decide whether such practice be regulated through legislation or not. The Court can only highlight the concern of public interest and it cannot direct the State to come up with a legislation. Therefore, the Chief Secretary of the State shall bestow attention in this regard and take appropriate decision within a period of four months. The Chief Secretary shall also ensure that illegal practice of modern medicine by Physiotherapists is stopped by W.P.(C) No.15870/2012 & conn. cases 11 taking adequate steps in this regard. Needless to say, the Chief Secretary shall consider views of all the stakeholders before taking any decision.</p> <p style="text-align: justify;">All the writ petitions are allowed.</p> <p style="text-align: justify;"><a href="http://lawhub.in" target="_blank" title="Online Case law research Programs, Online Law Certificate Courses, Online Law Diploma Courses, Online Law Research COurses">Judgement content partner Lawhub.in</a></p> <div id="_mcePaste" class="mcePaste" style="position: absolute; left: -10000px; top: 93px; width: 1px; height: 1px; overflow: hidden;"> <p id="p_1">These writ petitions are related to the practice of Physiotherapists in the State. Except W.P(C) No.20335/2013, all other writ petitions are filed by the Association for Physiotherapists and persons who are practising as Physiotherapists, seeking a direction to the State to create a Council for Physiotherapists. W.P(C) No.20335/2013 is filed by the Indian Medical Association seeking a direction to constitute a separate department in the State to take necessary steps to check quackery. It is alleged by them that many Physiotherapists in the State engaged in the practice of modern medicine without any authority. According to the Indian Medical Association, the <a href="https://indiankanoon.org/doc/118783942/">Indian Medical Council Act</a>, 1956 is to regulate the medical practice and only qualified medical degree holders can practice in modern medicine.</p> <p id="p_2">W.P.(C) No.15870/2012 & conn. cases 2</p> <p id="p_3">2. Heard Smt.V.P.Seemandini, Sri.Ramesh and Sri.Jose J. Mathaikal, learned counsel for the petitioners. I have also heard Sri.K.I .Mayankutty Mather, learned counsel appearing for the Indian Medical Association.</p> <p id="p_4">3. Physiotherapists in the State through their Association raised a demand with the Government for formation of a Physiotherapy Council. They also filed a writ petition before this Court as W.P.(C) No.36941/2010. This Court disposed of the writ petition directing the Government to consider the representation. The Government, by order dated 13.06.2012, rejected the demand for formation of Council. The said order is produced as Ext.P5 in W.P.(C) No.17506/2012. The reasons for rejection are enumerated in the order. It is appropriate to refer to those reasons.</p> <blockquote id="blockquote_1">"a) At present the medical practitioners who have necessary qualifications prescribed in <a href="https://indiankanoon.org/doc/118783942/">Medical Council of India Act</a>, 1956 are legally entitled for examination, diagnosis and making a treatment plan of patients, whereas the physiotherapists are functioning only as a supportive group.</blockquote> <p id="p_5"> </p> <p id="p_6">b) The qualifications prescribed by the UGC in terms of appointment of teachers in physiotherapy do not W.P.(C) No.15870/2012 & conn. cases 3 seem to be mandatory in the field of medical education in Kerala.</p> <p id="p_7">c) The argument that the physiotherapists are undergoing a study period of four and half years for getting Degree Certificate, is equally applicable in the case of B.Sc MLT, B.Sc M.Pharm, B.Sc Nursing and the like. That means, the Physiotherapy course is not unique, in terms of its duration or structure, as claimed by the petitioners.</p> <p id="p_8">d) Before moving for the formation of an independent council they have to establish it as a separate system of medicine by achieving the recognition from the Medical Council of India.</p> <p id="p_9">e) At present, physiotherapists are generally included in the category of Allied Health Professionals both in India and abroad. In short it is a supportive group for the medical profession and does not have an independent status. They are only adjutants for effective cure and recovery.</p> <p id="p_10">f) The proposed Paramedical Council consists of Doctors belonging to different specialities of modern medicine. On the contrary, the demand of the petitioner is to form an exclusive council, consisting of physiotherapists alone. This demand could not be accepted, since such a council is likely to have a biased and baseless approach in all the matters, including that of therapy. Besides, there is every chance on their part to start practising and W.P.(C) No.15870/2012 & conn. cases 4 prescribing medicine, on their own risk. And ultimately, this will create a competition and parallel generation of quacks, which may adversely affect the public health of the state.</p> <p id="p_11">g) Above all, if a separate council for physiotherapists is formed on the basis of the present request, it is obvious that the other categories now included in the list of technicians under the paramedical council, will also emerge with strong demand to constitute independent councils, with justifications of their own; followed by legal and other dynamic interventions".</p> <p id="p_12">4. Learned counsel for the petitioners, who represent the interest of Physiotherapists, challenged the order on many grounds. They pointed out the Regulations in other States in India. They also relied on the Model Curriculum Handbook of Physiotherapy issued by the Union Ministry. According to them, Physiotherapy has been recognised as a profession and it is necessary to regulate the profession by creating an accountability by registration. It is argued that in order to prevent the practice of Physiotherapy by unqualified hands, such Regulation is a must. Learned counsel also referred to the syllabus of the University in the State which impart courses in Physiotherapy. It is submitted that since they are rendering health related service, the W.P.(C) No.15870/2012 & conn. cases 5 Physiotherapists will have to be treated as Allied and Health Care Professionals (Physiotherapy). It is also argued by the counsel that they have no intention to encroach upon the practice of modern medicine as regulated by the <a href="https://indiankanoon.org/doc/118783942/">Indian Medical Council Act</a>, 1956. Learned counsel further argued that the Principal Secretary of the Family Welfare Department who authored Ext.P5 order entertained bias and issued the order with prejudicial mind.</p> <p id="p_13">5. On the other hand, learned counsel for the Indian Medical Association, defending the Government Order, submitted before this Court that the intention of the Physiotherapists' Association is to engage in modern medicine practice under the umbrella and the shelter of the Council which they propose to formulate. Learned counsel vehemently opposed the constitution of any Council. It is argued that without the supervision or control of medical practitioners, Physiotherapists cannot be permitted to practice independently. Learned counsel submitted that it is necessary to diagnose a patient before administrating any medical service and it would be dangerous to allow the independent practice of the Physiotherapists who have no expertise in the field.</p> <p id="p_14">W.P.(C) No.15870/2012 & conn. cases 6</p> <p id="p_15">6. The role of the Court is very limited. Health is a major concern of the State. It is for the State to regulate any personnel engaged in health service. The Court has an expertise in the field. However, what looms at large is the public interest of the people in the State. It is necessary to prevent illegal practice by unqualified hands. Law is the weapon and authority for the State over the community. In the absence of law, persons who have no qualification will engage in the service which require regulation. In order to check illegal practices, Regulation is essential. It is appropriate to refer Physiotherapy as a profession as referred in the handbook issued by the Union Government.</p> <blockquote id="blockquote_2">"Physiotherapy practice spans the continuum from health promotion to prevention to rehabilitation for individuals and populations throughout the lifespan. Physiotherapy diagnoses movement dysfunctions based on skillful examination and evaluation regardless of the cause or etiology and provide skilled therapeutic intervention to foster improvement in physical functioning and maximizing overall quality of life. Physiotherapists provide the initial access into the health care system for persons with impairments and functional limitations amenable to physiotherapy and engage in collegial referral W.P.(C) No.15870/2012 & conn. cases 7 relationships with other health care professionals.</blockquote> <blockquote id="blockquote_3">Physiotherapist's role also includes that of case manager, teacher, researcher, and consultant. The faculty believes the first priority of education is to prepare people for a well-rounded, balanced life with broad social and cultural interests and as involved, active citizens of our country.</blockquote> <blockquote id="blockquote_4">Physiotherapist must have commitments to lifelong learning and to search for the evidence that supports and advances practice. Critical thinking, problem solving, intellectual perseverance and courage are all essential characteristics of the successful physiotherapist.</blockquote> <blockquote id="blockquote_5">About Physiotherapy Physiotherapists are health care professionals with a significant role in health promotion and treatment of injury and diseases. They combine their in-depth knowledge of the body and how it works with specialized hands-on clinical skills to assess, diagnose and treat symptoms of illness, injury or disability.</blockquote> <blockquote id="blockquote_6">All physiotherapists registered to practice are qualified to provide safe and effective physiotherapy. They have met national entry-level education and practice standards, and have successfully passed a standardized physiotherapy competence examination".</blockquote> <pre id="pre_2" style="white-space: pre-wrap; overflow-wrap: break-word; font-family: monospace; width: 700px; padding: 20px; line-height: 1.5em; font-size: 1em; text-align: justify;">W.P.(C) No.15870/2012 & conn. cases 8 7. There are two key issues in the matter. One is in </pre> <blockquote id="blockquote_7">relation to the illegal practice of Physiotherapists by unqualified hands. Second is related to the practice of modern medicine by qualified Physiotherapists without the supervision or control of qualified practitioners of modern medicine. To secure the interests of the public, it is necessary to regulate the activities of the Physiotherapists. This Court is of the view that the formation of the Council is the one way to regulate the practice of Physiotherapists in the State. The Council can define modalities of practice by Physiotherapists without encroaching upon the practice of modern medicine as regulated under the <a href="https://indiankanoon.org/doc/118783942/">Indian Medical Council Act</a>, 1956. This is necessary to check the illegal practice of Physiotherapy by unqualified hands. It is also essential to create accountability for Physiotherapists in the State. As apprehended by the Indian Medical Association, if the Physiotherapists engage in the practice of any other area of medicine, certainly they can be de-registered by the Council.</blockquote> <p id="p_16">Therefore, it is essentially in the interests of both the Physiotherapists and the practitioners of modern medicine, a separate Council is formed to regulate the practice of W.P.(C) No.15870/2012 & conn. cases 9 Physiotherapy and also to create accountability of such practice. It appears that the Government in its order dated 13.06.2012, viewed that the attempt of formation of a Council of Physiotherapists is to practice a separate system of medicine. The Government itself is misdirected on a perceived notion that the Physiotherapists are attempting to practice independently in the specialised field of modern medicine. This Court is of the view that if a Council is formed, the State can demarcate the boundaries of engagement by the Physiotherapists in providing health service to the people. In what manner they can discharge the service also can be regulated by the Council. It is also highly necessary to prevent the illegal practice of Physiotherapy by unqualified hands. Thus, public interests demand intervention of the State to regulate the activities of Physiotherapists in the State. This Court cannot direct the State to come up with a legislation. For the same reasons referred in the Government order dated 13.06.2012, this Court is of the view that the practice of Physiotherapy must be regulated by the State. I am at aghast to note that the Government rejected the demand for formation of a Council on a notion that the Physiotherapists W.P.(C) No.15870/2012 & conn. cases 10 demand practice in modern medicine. It is unknown on what basis such a notion was entertained by the Government. Government need be concerned only about the larger public interest in the matter. The larger public interest demands formulation of Regulation for the practice of Physiotherapy. That concern has been overlooked in the matter.</p> <p id="p_17">Therefore, the Government Order dated 13.06.2012 impugned in all the writ petitions is set aside. To protect the interests of the public by preventing illegal practice of modern medicines or any other field of medicine by Physiotherapists and also to check illegal practice of Physiotherapy by unqualified hands, the State will have to reconsider the matter. As already noted, it is within purely the domain of the State to decide whether such practice be regulated through legislation or not. The Court can only highlight the concern of public interest and it cannot direct the State to come up with a legislation. Therefore, the Chief Secretary of the State shall bestow attention in this regard and take appropriate decision within a period of four months. The Chief Secretary shall also ensure that illegal practice of modern medicine by Physiotherapists is stopped by W.P.(C) No.15870/2012 & conn. cases 11 taking adequate steps in this regard. Needless to say, the Chief Secretary shall consider views of all the stakeholders before taking any decision.</p> <p id="p_18">All the writ petitions are allowed.</p> </div>">...</vte:if><vte:if test="!"> <vte:if test="<p>Writ Petition (C) No. 15870 of 2012 </p> <p><strong>APPELLANT/PETIONER<span> </span> </strong>: <br />Satish K Thomas(PT), <br />Kollamparambil House, Kavvachira, Thoyammal Bala.<br />P.O. Hosdurg , District Kasargod.</p> <p><strong>RESPONDANT</strong><span> </span>; <br />1. State of kerala, represented by its secretary to governmentHealth & Family Welfare DepartmentGovt. GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.<br />2. The Director of Medical Edication Thiruvanantpuram<br />3. Indian Association Of Physical Medicine & RehabilitationKerala Chapter, Sanjeevami, Church RoadChovva, Kannur<br />4. India Medical AssociationKerala State Branch, IMA State HeadquartersAnayara,ANAYARA,ThiruvanantpuramRepresented by its secretary.</p> <p><strong>ADVOCATES APPEARED</strong></p> <p><strong>PETIONER</strong><span> <br /></span>Adv. Jose J.Mathaikal, <span style="text-align: justify;">Smt. Adv V.P.Seemandini, Adv. Ramesh </span></p> <p><strong>RESPONDANT </strong><strong><br /></strong>1 & 2 Govt. Pleader Adv. Ron Bastan<br />3 & 4 Sri V.V Asokan,Adv. K.I Mayakutty Mather,Adv K.G Anil</p> <p><strong>JUDGES :</strong> Hon'ble Mr. Justice A. Muhamed Mustaque</p> <p><strong>ACTS & SECTIONS</strong><br />The Indian Medical Council Act, 1956<br />The Occupational Therapy Act, 1997</p> <p><strong>JUDGMENT</strong></p> <p style="text-align: justify;">These writ petitions are related to the practice of Physiotherapists in the State. Except W.P(C) No.20335/2013, all other writ petitions are filed by the Association for Physiotherapists and persons who are practising as Physiotherapists, seeking a direction to the State to create a Council for Physiotherapists. W.P(C) No.20335/2013 is filed by the Indian Medical Association seeking a direction to constitute a separate department in the State to take necessary steps to check quackery. It is alleged by them that many Physiotherapists in the State engaged in the practice of modern medicine without any authority. According to the Indian Medical Association, the Indian Medical Council Act, 1956 is to regulate the medical practice and only qualified medical degree holders can practice in modern medicine.<br />W.P.(C) No.15870/2012 & conn. cases 2</p> <p style="text-align: justify;"><strong>2. </strong>Heard Smt.V.P.Seemandini, Sri.Ramesh and Sri.Jose J. Mathaikal, learned counsel for the petitioners. I have also heard Sri.K.I .Mayankutty Mather, learned counsel appearing for the Indian Medical Association.</p> <p style="text-align: justify;"><strong>3. </strong>Physiotherapists in the State through their Association raised a demand with the Government for formation of a Physiotherapy Council. They also filed a writ petition before this Court as W.P.(C) No.36941/2010. This Court disposed of the writ petition directing the Government to consider the representation. The Government, by order dated 13.06.2012, rejected the demand for formation of Council. The said order is produced as Ext.P5 in W.P.(C) No.17506/2012. The reasons for rejection are enumerated in the order. It is appropriate to refer to those reasons.</p> <p style="text-align: justify; padding-left: 30px;">"a) At present the medical practitioners who have necessary qualifications prescribed in Medical Council of India Act, 1956 are legally entitled for examination, diagnosis and making a treatment plan of patients, whereas the physiotherapists are functioning only as a supportive group.</p> <p style="text-align: justify; padding-left: 30px;">b) The qualifications prescribed by the UGC in terms of appointment of teachers in physiotherapy do not W.P.(C) No.15870/2012 & conn. cases 3 seem to be mandatory in the field of medical education in Kerala.</p> <p style="text-align: justify; padding-left: 30px;">c) The argument that the physiotherapists are undergoing a study period of four and half years for getting Degree Certificate, is equally applicable in the case of B.Sc MLT, B.Sc M.Pharm, B.Sc Nursing and the like. That means, the Physiotherapy course is not unique, in terms of its duration or structure, as claimed by the petitioners.</p> <p style="text-align: justify; padding-left: 30px;">d) Before moving for the formation of an independent council they have to establish it as a separate system of medicine by achieving the recognition from the Medical Council of India.</p> <p style="text-align: justify; padding-left: 30px;">e) At present, physiotherapists are generally included in the category of Allied Health Professionals both in India and abroad. In short it is a supportive group for the medical profession and does not have an independent status. They are only adjutants for effective cure and recovery.</p> <p style="text-align: justify; padding-left: 30px;">f) The proposed Paramedical Council consists of Doctors belonging to different specialities of modern medicine. On the contrary, the demand of the petitioner is to form an exclusive council, consisting of physiotherapists alone. This demand could not be accepted, since such a council is likely to have a biased and baseless approach in all the matters, including that of therapy. Besides, there is every chance on their part to start practising and W.P.(C) No.15870/2012 & conn. cases 4 prescribing medicine, on their own risk. And ultimately, this will create a competition and parallel generation of quacks, which may adversely affect the public health of the state.</p> <p style="text-align: justify; padding-left: 30px;">g) Above all, if a separate council for physiotherapists is formed on the basis of the present request, it is obvious that the other categories now included in the list of technicians under the paramedical council, will also emerge with strong demand to constitute independent councils, with justifications of their own; followed by legal and other dynamic interventions".</p> <p style="text-align: justify;"><strong>4. </strong>Learned counsel for the petitioners, who represent the interest of Physiotherapists, challenged the order on many grounds. They pointed out the Regulations in other States in India. They also relied on the Model Curriculum Handbook of Physiotherapy issued by the Union Ministry. According to them, Physiotherapy has been recognised as a profession and it is necessary to regulate the profession by creating an accountability by registration. It is argued that in order to prevent the practice of Physiotherapy by unqualified hands, such Regulation is a must. Learned counsel also referred to the syllabus of the University in the State which impart courses in Physiotherapy. It is submitted that since they are rendering health related service, the W.P.(C) No.15870/2012 & conn. cases 5 Physiotherapists will have to be treated as Allied and Health Care Professionals (Physiotherapy). It is also argued by the counsel that they have no intention to encroach upon the practice of modern medicine as regulated by the Indian Medical Council Act, 1956. Learned counsel further argued that the Principal Secretary of the Family Welfare Department who authored Ext.P5 order entertained bias and issued the order with prejudicial mind.</p> <p style="text-align: justify;"><strong>5.</strong> On the other hand, learned counsel for the Indian Medical Association, defending the Government Order, submitted before this Court that the intention of the Physiotherapists' Association is to engage in modern medicine practice under the umbrella and the shelter of the Council which they propose to formulate. Learned counsel vehemently opposed the constitution of any Council. It is argued that without the supervision or control of medical practitioners, Physiotherapists cannot be permitted to practice independently. Learned counsel submitted that it is necessary to diagnose a patient before administrating any medical service and it would be dangerous to allow the independent practice of the Physiotherapists who have no expertise in the field.<br />W.P.(C) No.15870/2012 & conn. cases 6</p> <p style="text-align: justify;"><strong>6.</strong> The role of the Court is very limited. Health is a major concern of the State. It is for the State to regulate any personnel engaged in health service. The Court has an expertise in the field. However, what looms at large is the public interest of the people in the State. It is necessary to prevent illegal practice by unqualified hands. Law is the weapon and authority for the State over the community. In the absence of law, persons who have no qualification will engage in the service which require regulation. In order to check illegal practices, Regulation is essential. It is appropriate to refer Physiotherapy as a profession as referred in the handbook issued by the Union Government.</p> <p style="text-align: justify; padding-left: 30px;">"Physiotherapy practice spans the continuum from health promotion to prevention to rehabilitation for individuals and populations throughout the lifespan. Physiotherapy diagnoses movement dysfunctions based on skillful examination and evaluation regardless of the cause or etiology and provide skilled therapeutic intervention to foster improvement in physical functioning and maximizing overall quality of life. Physiotherapists provide the initial access into the health care system for persons with impairments and functional limitations amenable to physiotherapy and engage in collegial referral W.P.(C) No.15870/2012 & conn. cases 7 relationships with other health care professionals.</p> <p style="text-align: justify; padding-left: 30px;">Physiotherapist's role also includes that of case manager, teacher, researcher, and consultant. The faculty believes the first priority of education is to prepare people for a well-rounded, balanced life with broad social and cultural interests and as involved, active citizens of our country.</p> <p style="text-align: justify; padding-left: 30px;">Physiotherapist must have commitments to lifelong learning and to search for the evidence that supports and advances practice. Critical thinking, problem solving, intellectual perseverance and courage are all essential characteristics of the successful physiotherapist.</p> <p style="text-align: justify; padding-left: 30px;">About Physiotherapy Physiotherapists are health care professionals with a significant role in health promotion and treatment of injury and diseases. They combine their in-depth knowledge of the body and how it works with specialized hands-on clinical skills to assess, diagnose and treat symptoms of illness, injury or disability.</p> <p style="text-align: justify; padding-left: 30px;">All physiotherapists registered to practice are qualified to provide safe and effective physiotherapy. They have met national entry-level education and practice standards, and have successfully passed a standardized physiotherapy competence examination".</p> <p style="text-align: justify;">W.P.(C) No.15870/2012 & conn.cases 8</p> <p style="text-align: justify;"><strong>7.</strong>There are two key issues in the matter.One is in relation to the illegal practice of Physiotherapists by unqualified hands. Second is related to the practice of modern medicine by qualified Physiotherapists without the supervision or control of qualified practitioners of modern medicine. To secure the interests of the public, it is necessary to regulate the activities of the Physiotherapists. This Court is of the view that the formation of the Council is the one way to regulate the practice of Physiotherapists in the State. The Council can define modalities of practice by Physiotherapists without encroaching upon the practice of modern medicine as regulated under the Indian Medical Council Act, 1956. This is necessary to check the illegal practice of Physiotherapy by unqualified hands. It is also essential to create accountability for Physiotherapists in the State. As apprehended by the Indian Medical Association, if the Physiotherapists engage in the practice of any other area of medicine, certainly they can be de-registered by the Council.</p> <p style="text-align: justify;">Therefore, it is essentially in the interests of both the Physiotherapists and the practitioners of modern medicine, a separate Council is formed to regulate the practice of W.P.(C) No.15870/2012 & conn. cases 9 Physiotherapy and also to create accountability of such practice. It appears that the Government in its order dated 13.06.2012, viewed that the attempt of formation of a Council of Physiotherapists is to practice a separate system of medicine. The Government itself is misdirected on a perceived notion that the Physiotherapists are attempting to practice independently in the specialised field of modern medicine. This Court is of the view that if a Council is formed, the State can demarcate the boundaries of engagement by the Physiotherapists in providing health service to the people. In what manner they can discharge the service also can be regulated by the Council. It is also highly necessary to prevent the illegal practice of Physiotherapy by unqualified hands. Thus, public interests demand intervention of the State to regulate the activities of Physiotherapists in the State. This Court cannot direct the State to come up with a legislation. For the same reasons referred in the Government order dated 13.06.2012, this Court is of the view that the practice of Physiotherapy must be regulated by the State. I am at aghast to note that the Government rejected the demand for formation of a Council on a notion that the Physiotherapists W.P.(C) No.15870/2012 & conn. cases 10 demand practice in modern medicine. It is unknown on what basis such a notion was entertained by the Government. Government need be concerned only about the larger public interest in the matter. The larger public interest demands formulation of Regulation for the practice of Physiotherapy. That concern has been overlooked in the matter.</p> <p style="text-align: justify;">Therefore, the Government Order dated 13.06.2012 impugned in all the writ petitions is set aside. To protect the interests of the public by preventing illegal practice of modern medicines or any other field of medicine by Physiotherapists and also to check illegal practice of Physiotherapy by unqualified hands, the State will have to reconsider the matter. As already noted, it is within purely the domain of the State to decide whether such practice be regulated through legislation or not. The Court can only highlight the concern of public interest and it cannot direct the State to come up with a legislation. Therefore, the Chief Secretary of the State shall bestow attention in this regard and take appropriate decision within a period of four months. The Chief Secretary shall also ensure that illegal practice of modern medicine by Physiotherapists is stopped by W.P.(C) No.15870/2012 & conn. cases 11 taking adequate steps in this regard. Needless to say, the Chief Secretary shall consider views of all the stakeholders before taking any decision.</p> <p style="text-align: justify;">All the writ petitions are allowed.</p> <p style="text-align: justify;"><a href="http://lawhub.in" target="_blank" title="Online Case law research Programs, Online Law Certificate Courses, Online Law Diploma Courses, Online Law Research COurses">Judgement content partner Lawhub.in</a></p> <div id="_mcePaste" class="mcePaste" style="position: absolute; left: -10000px; top: 93px; width: 1px; height: 1px; overflow: hidden;"> <p id="p_1">These writ petitions are related to the practice of Physiotherapists in the State. Except W.P(C) No.20335/2013, all other writ petitions are filed by the Association for Physiotherapists and persons who are practising as Physiotherapists, seeking a direction to the State to create a Council for Physiotherapists. W.P(C) No.20335/2013 is filed by the Indian Medical Association seeking a direction to constitute a separate department in the State to take necessary steps to check quackery. It is alleged by them that many Physiotherapists in the State engaged in the practice of modern medicine without any authority. According to the Indian Medical Association, the <a href="https://indiankanoon.org/doc/118783942/">Indian Medical Council Act</a>, 1956 is to regulate the medical practice and only qualified medical degree holders can practice in modern medicine.</p> <p id="p_2">W.P.(C) No.15870/2012 & conn. cases 2</p> <p id="p_3">2. Heard Smt.V.P.Seemandini, Sri.Ramesh and Sri.Jose J. Mathaikal, learned counsel for the petitioners. I have also heard Sri.K.I .Mayankutty Mather, learned counsel appearing for the Indian Medical Association.</p> <p id="p_4">3. Physiotherapists in the State through their Association raised a demand with the Government for formation of a Physiotherapy Council. They also filed a writ petition before this Court as W.P.(C) No.36941/2010. This Court disposed of the writ petition directing the Government to consider the representation. The Government, by order dated 13.06.2012, rejected the demand for formation of Council. The said order is produced as Ext.P5 in W.P.(C) No.17506/2012. The reasons for rejection are enumerated in the order. It is appropriate to refer to those reasons.</p> <blockquote id="blockquote_1">"a) At present the medical practitioners who have necessary qualifications prescribed in <a href="https://indiankanoon.org/doc/118783942/">Medical Council of India Act</a>, 1956 are legally entitled for examination, diagnosis and making a treatment plan of patients, whereas the physiotherapists are functioning only as a supportive group.</blockquote> <p id="p_5"> </p> <p id="p_6">b) The qualifications prescribed by the UGC in terms of appointment of teachers in physiotherapy do not W.P.(C) No.15870/2012 & conn. cases 3 seem to be mandatory in the field of medical education in Kerala.</p> <p id="p_7">c) The argument that the physiotherapists are undergoing a study period of four and half years for getting Degree Certificate, is equally applicable in the case of B.Sc MLT, B.Sc M.Pharm, B.Sc Nursing and the like. That means, the Physiotherapy course is not unique, in terms of its duration or structure, as claimed by the petitioners.</p> <p id="p_8">d) Before moving for the formation of an independent council they have to establish it as a separate system of medicine by achieving the recognition from the Medical Council of India.</p> <p id="p_9">e) At present, physiotherapists are generally included in the category of Allied Health Professionals both in India and abroad. In short it is a supportive group for the medical profession and does not have an independent status. They are only adjutants for effective cure and recovery.</p> <p id="p_10">f) The proposed Paramedical Council consists of Doctors belonging to different specialities of modern medicine. On the contrary, the demand of the petitioner is to form an exclusive council, consisting of physiotherapists alone. This demand could not be accepted, since such a council is likely to have a biased and baseless approach in all the matters, including that of therapy. Besides, there is every chance on their part to start practising and W.P.(C) No.15870/2012 & conn. cases 4 prescribing medicine, on their own risk. And ultimately, this will create a competition and parallel generation of quacks, which may adversely affect the public health of the state.</p> <p id="p_11">g) Above all, if a separate council for physiotherapists is formed on the basis of the present request, it is obvious that the other categories now included in the list of technicians under the paramedical council, will also emerge with strong demand to constitute independent councils, with justifications of their own; followed by legal and other dynamic interventions".</p> <p id="p_12">4. Learned counsel for the petitioners, who represent the interest of Physiotherapists, challenged the order on many grounds. They pointed out the Regulations in other States in India. They also relied on the Model Curriculum Handbook of Physiotherapy issued by the Union Ministry. According to them, Physiotherapy has been recognised as a profession and it is necessary to regulate the profession by creating an accountability by registration. It is argued that in order to prevent the practice of Physiotherapy by unqualified hands, such Regulation is a must. Learned counsel also referred to the syllabus of the University in the State which impart courses in Physiotherapy. It is submitted that since they are rendering health related service, the W.P.(C) No.15870/2012 & conn. cases 5 Physiotherapists will have to be treated as Allied and Health Care Professionals (Physiotherapy). It is also argued by the counsel that they have no intention to encroach upon the practice of modern medicine as regulated by the <a href="https://indiankanoon.org/doc/118783942/">Indian Medical Council Act</a>, 1956. Learned counsel further argued that the Principal Secretary of the Family Welfare Department who authored Ext.P5 order entertained bias and issued the order with prejudicial mind.</p> <p id="p_13">5. On the other hand, learned counsel for the Indian Medical Association, defending the Government Order, submitted before this Court that the intention of the Physiotherapists' Association is to engage in modern medicine practice under the umbrella and the shelter of the Council which they propose to formulate. Learned counsel vehemently opposed the constitution of any Council. It is argued that without the supervision or control of medical practitioners, Physiotherapists cannot be permitted to practice independently. Learned counsel submitted that it is necessary to diagnose a patient before administrating any medical service and it would be dangerous to allow the independent practice of the Physiotherapists who have no expertise in the field.</p> <p id="p_14">W.P.(C) No.15870/2012 & conn. cases 6</p> <p id="p_15">6. The role of the Court is very limited. Health is a major concern of the State. It is for the State to regulate any personnel engaged in health service. The Court has an expertise in the field. However, what looms at large is the public interest of the people in the State. It is necessary to prevent illegal practice by unqualified hands. Law is the weapon and authority for the State over the community. In the absence of law, persons who have no qualification will engage in the service which require regulation. In order to check illegal practices, Regulation is essential. It is appropriate to refer Physiotherapy as a profession as referred in the handbook issued by the Union Government.</p> <blockquote id="blockquote_2">"Physiotherapy practice spans the continuum from health promotion to prevention to rehabilitation for individuals and populations throughout the lifespan. Physiotherapy diagnoses movement dysfunctions based on skillful examination and evaluation regardless of the cause or etiology and provide skilled therapeutic intervention to foster improvement in physical functioning and maximizing overall quality of life. Physiotherapists provide the initial access into the health care system for persons with impairments and functional limitations amenable to physiotherapy and engage in collegial referral W.P.(C) No.15870/2012 & conn. cases 7 relationships with other health care professionals.</blockquote> <blockquote id="blockquote_3">Physiotherapist's role also includes that of case manager, teacher, researcher, and consultant. The faculty believes the first priority of education is to prepare people for a well-rounded, balanced life with broad social and cultural interests and as involved, active citizens of our country.</blockquote> <blockquote id="blockquote_4">Physiotherapist must have commitments to lifelong learning and to search for the evidence that supports and advances practice. Critical thinking, problem solving, intellectual perseverance and courage are all essential characteristics of the successful physiotherapist.</blockquote> <blockquote id="blockquote_5">About Physiotherapy Physiotherapists are health care professionals with a significant role in health promotion and treatment of injury and diseases. They combine their in-depth knowledge of the body and how it works with specialized hands-on clinical skills to assess, diagnose and treat symptoms of illness, injury or disability.</blockquote> <blockquote id="blockquote_6">All physiotherapists registered to practice are qualified to provide safe and effective physiotherapy. They have met national entry-level education and practice standards, and have successfully passed a standardized physiotherapy competence examination".</blockquote> <pre id="pre_2" style="white-space: pre-wrap; overflow-wrap: break-word; font-family: monospace; width: 700px; padding: 20px; line-height: 1.5em; font-size: 1em; text-align: justify;">W.P.(C) No.15870/2012 & conn. cases 8 7. There are two key issues in the matter. One is in </pre> <blockquote id="blockquote_7">relation to the illegal practice of Physiotherapists by unqualified hands. Second is related to the practice of modern medicine by qualified Physiotherapists without the supervision or control of qualified practitioners of modern medicine. To secure the interests of the public, it is necessary to regulate the activities of the Physiotherapists. This Court is of the view that the formation of the Council is the one way to regulate the practice of Physiotherapists in the State. The Council can define modalities of practice by Physiotherapists without encroaching upon the practice of modern medicine as regulated under the <a href="https://indiankanoon.org/doc/118783942/">Indian Medical Council Act</a>, 1956. This is necessary to check the illegal practice of Physiotherapy by unqualified hands. It is also essential to create accountability for Physiotherapists in the State. As apprehended by the Indian Medical Association, if the Physiotherapists engage in the practice of any other area of medicine, certainly they can be de-registered by the Council.</blockquote> <p id="p_16">Therefore, it is essentially in the interests of both the Physiotherapists and the practitioners of modern medicine, a separate Council is formed to regulate the practice of W.P.(C) No.15870/2012 & conn. cases 9 Physiotherapy and also to create accountability of such practice. It appears that the Government in its order dated 13.06.2012, viewed that the attempt of formation of a Council of Physiotherapists is to practice a separate system of medicine. The Government itself is misdirected on a perceived notion that the Physiotherapists are attempting to practice independently in the specialised field of modern medicine. This Court is of the view that if a Council is formed, the State can demarcate the boundaries of engagement by the Physiotherapists in providing health service to the people. In what manner they can discharge the service also can be regulated by the Council. It is also highly necessary to prevent the illegal practice of Physiotherapy by unqualified hands. Thus, public interests demand intervention of the State to regulate the activities of Physiotherapists in the State. This Court cannot direct the State to come up with a legislation. For the same reasons referred in the Government order dated 13.06.2012, this Court is of the view that the practice of Physiotherapy must be regulated by the State. I am at aghast to note that the Government rejected the demand for formation of a Council on a notion that the Physiotherapists W.P.(C) No.15870/2012 & conn. cases 10 demand practice in modern medicine. It is unknown on what basis such a notion was entertained by the Government. Government need be concerned only about the larger public interest in the matter. The larger public interest demands formulation of Regulation for the practice of Physiotherapy. That concern has been overlooked in the matter.</p> <p id="p_17">Therefore, the Government Order dated 13.06.2012 impugned in all the writ petitions is set aside. To protect the interests of the public by preventing illegal practice of modern medicines or any other field of medicine by Physiotherapists and also to check illegal practice of Physiotherapy by unqualified hands, the State will have to reconsider the matter. As already noted, it is within purely the domain of the State to decide whether such practice be regulated through legislation or not. The Court can only highlight the concern of public interest and it cannot direct the State to come up with a legislation. Therefore, the Chief Secretary of the State shall bestow attention in this regard and take appropriate decision within a period of four months. The Chief Secretary shall also ensure that illegal practice of modern medicine by Physiotherapists is stopped by W.P.(C) No.15870/2012 & conn. cases 11 taking adequate steps in this regard. Needless to say, the Chief Secretary shall consider views of all the stakeholders before taking any decision.</p> <p id="p_18">All the writ petitions are allowed.</p> </div>"><a href="laws-guidance/judgments/3882-sathish-k-thomas-vs-state-of-kerala-on-13-june-2012.html"> <vte:value select=" Read more " /></a></vte:if> <vte:else><a class="visit" href=""><img src="https://www.physiotherapyindia.org/themes/physio/img/external.png" alt=" Visit website " /></a></vte:else></vte:if>--></p> <div class="clearfix" ></div> </div> </div> <div class="short"><div class="short_holder"> <div class="image"> <a href="laws-guidance/judgments/3881-javaid-ahmad-dar-vs-state-of-j-k-and-others.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/article/judgments/javaidahmeddar-stateofjnk.jpg&size=article_medium" alt="Javaid Ahmad Dar Vs State of J&K and others" /> <br /></a></div> <h2 class="article_title"><a href="laws-guidance/judgments/3881-javaid-ahmad-dar-vs-state-of-j-k-and-others.html">Javaid Ahmad Dar Vs State of J&K and others</a></h2> <p>Degree in Physiotherapy from Allahabad Agricultural Institute--Bachelors Degree could not be entertained.-- on the ground <!--<vte:if test="<p style="text-align: justify;">Writ Petition No. 473 Of 2012</p> <p style="text-align: justify;"><strong>APPELLANT/PETIONER<span style="white-space: pre;"> </span> </strong>: Javid Ahmed Dar</p> <p style="text-align: justify;"><strong>RESPONDANT</strong><span style="white-space: pre;"> </span>; State of J&K and others</p> <p style="text-align: justify;"><span style="white-space: pre;"> </span><strong>ADVOCATES APPEARED</strong></p> <p style="text-align: justify;"><strong>PETIONER</strong><span style="white-space: pre;"> <br /></span>S.A. Makroo </p> <p style="text-align: justify;"><strong>RESPONDANT </strong><span><strong><br /></strong>Respondents 1 to 4, Alla-uddinGanai, Dy.AG., Azhar-ul Amin, <br /><span>Respondents </span>7, T.H. Khawja, <br />Respondant 5 None <br />Respondant 7 In Exparte.</span></p> <p style="text-align: justify;"><strong>JUDGES ;</strong> Hon'ble Mr. Justice Tashi Rabstan</p> <p style="text-align: justify;"><strong>ACTS & SECTIONS</strong><br /><br />Article 245 in The Constitution Of India 1949<br />Article 245(1) in The Constitution Of India 1949</p> <p style="text-align: justify;"><span style="font-size: medium;"><strong>JUDGMENT</strong></span><br /><br />1. Advertisement Notice No.ZEO/Y/3953-56/10 dated 31st March 2010, consequent upon opening of New Primary School for NaiBasti Mishipora, Zone Yaripora, District Kulgam, under SarvaShikshaAbhiyan (SSA) 2009-2010, came to be issued by Zonal Education Officer, Yaripora respondent no.4 in the petition, inviting applications from eligible candidates hailing from Revenue Village Widow Mishipora with minimum qualification of 10+2 and above with the prescribed age limit for engagement of two Rehbar-e-Taleems(ReTs) in the said School.<br /><br />2. After applications were received, a Panel of five candidates was prepared, in which petitioner figures at Serial No.1 and respondents 6&7 at Serial No.4 and 2 respectively. The Panel was forwarded to Chief Education Officer, Kulgam respondent no.3. The petitioner was tentatively selected as ReT and objections sought there against. The Tentative Selection List (Annexure N to writ petition) bearing No.CEO/K/9849/12 dated 08.02.2012, however, mentions that inclusion of candidate (petitioner) in the tentative list does not confer any right or claim for engagement. Respondent no.3 vide Notification, No.CEO/K/9890/12 dated 13th February 2012 published in Daily Kashmir Uzma on 15.02.2012 (Annexure-O to writ petition) withdrew Tentative Selection List No.CEO/K/9849/12 dated 08.02.2012, whereby petitioner was tentatively selected as ReT.<br /><br />3. Petitioner, aggrieved of his exit from the zone of consideration for selection against the ReT position, has come up with writ petition on hand on the grounds that he is resident of Village Widow Mishipora and he has, to his credit, Bachelors Degree in Physiotherapy earned from Allahabad Agricultural Institute. It is insisted that petitioner was figuring at Serial No.1 in the Panel prepared by respondent department and was expecting his selection but a plea was taken that his Bachelors Degree could not be entertained. It is pleaded that petitioner has completed his Bachelors Degree in Physiotherapy from Allahabad Agricultural Institute, which is a deemed university and recognized by Indira Gandhi National Open University and Distance Education Council, for imparting courses through distance mode. It is averred that petitioner has highest merit and is figuring at S.No.1 in the Panel, as such, has a right to be engaged as ReT for newly opened Primary School, NaibastiMishipora. It is also pleaded that respondents, in utter disregard of merit position, are trying to accommodate private respondents by selecting them over and above the head of petitioner on the ground that petitioner has done his Bachelors Degree through distance mode. It is submitted that petitioner is having a valid degree and even if he has done the said degree through distance mode, same does not nullify his degree in the eye of law as the University, from which he has obtained the degree, is a recognized deemed university. The petitioner, on the edifice of case set up in writ petition, has sought following relief:</p> <p style="text-align: justify; padding-left: 30px;">"i) Writ of certiorari, quashing order/notification dated 13.02.2012 published in daily newspaper Kashmir Uzma, in its issue dated 15.02.2012;<br />ii) Writ of mandamus, commanding respondents to issue engagement order in favour of petitioner for engagement as ReT in Government Primary School, NaiBasti, Mishipora;<br />iii) Writ of mandamus, commanding respondents to give all the benefits to petitioner which will accrue to him on being engaged as ReT;<br />iv) Writ of prohibition, restraining respondents from issuing order of engagement in favour of private respondents being inferior in merit."</p> <p style="text-align: justify;">4. Respondents 1 to 4, in their reply, have resisted the writ petition on the grounds that consequent upon sanctioning of new Primary School NaiBastiMishipora, an advertisement notice was issued for engagement of two ReTs and that a Panel of 05 candidates was framed, in which petitioner figured at Serial No.1 on the basis of his qualification as Bachelor in Physiotherapy (BPT), that was forwarded to respondent no.3. However, objections were filed against inclusion of petitioner in the zone of consideration on the plea that petitioner has obtained Bachelors Degree in Physiotherapy through distance mode from Allahabad Agricultural Institute. It is averred that respondent no.2 has issued a communication No.DSEKT/Legal/1733/Misc/694 dated 3rd March 2012, intimating that as per standing instructions, the degrees, acquired by a candidate in distance mode from the outside State University, are not to be entertained.<br /><br />5. Respondent no.7, in his Reply Affidavit, has opposed the writ petition on the grounds that petitioner had managed his tentative selection on the basis of Bachelors in Physiotherapy (BPT), that petitioner claimed to have obtained from Sam Higgin-bottom Institute of Agriculture, Technology & Science by distance mode through Institute of Public Health and Hygiene, New Delhi. It is insisted that any degree obtained in Science stream through distance mode is neither considered equivalent to corresponding degrees of Kashmir University nor recognized by University of Kashmir or Government of Jammu and Kashmir and that the degrees obtained from or through franchisee-centre located at a place, which is beyond the territorial jurisdiction of the State, in which University is headquartered, are not otherwise also countenanced by law and have been declared illegal by Honble Supreme Court. It is pointed out by respondent no.7 that petitioner has obtained BPT from Institute of Public Health and Hygiene, New Delhi, though the Degree is shown to have been conferred by Sam Higgin-bottom Institute of Agriculture, Technology and Science, and that such degrees are not only invalid degrees but unknown to law. To lend support to his contentions, respondent has placed on record letter No.DDE/SHIATS-DU/ VERIFICATION/2012/13 dated 8th February 2013 of Sam Higgin-bottom Institute of Agriculture, Technology & Sciences (Formerly Allahabad Agricultural Institute) (Deemed University) Allahabad(Annexure RA), addressed to Chief Education Officer, Kulgam respondent no.3, informing that petitioner, bearing Enrollment No.A-202210187,has completed Bachelor of Physiotherapy (BPT) in April 2007 through distance mode from one of its franchisees/institutes, namely Institute of Public Health and Hygiene, RZ-A-44, Mahipalpur, New Delhi. It is averred that respondent no.7 has done his Graduation from University of Kashmir as a regular student and has more marks than petitioner at 10+2 level. Respondent no.7, on the strength of submissions made in his Reply, sought dismissal of writ petition.<br /><br />6. Petitioner, in rebuttal to the Reply filed by respondents, has, in his Supplementary Affidavit, stated that he has qualified the Degree of BPT from recognized Institute of Allahabad Agriculture Institute, Allahabad, known as Institute of Public Health & Hygiene, which is located at Mahipalpur, New Delhi. It is pleaded that petitioner has attended classes regularly in the said Institute and has also attended practical test and appeared in the examination and in this regard has placed on record a Certificate (Annexure B)claimed to have been issued by Chief Administrative Officer, Institute of Public Health & Hygiene, Regd. Office and Training Centre RZ-A-44,Mahipalpur, New Delhi-37. The relevant extract of the Certificate (Annexure B) is reproduced herein: This is to certify that Mr. Javaid Ahmad Dar S/o Mr.Ab. Gani Dar R/o Mishipora, Tehsil & Distt. Kulgam-192102, J&K, was bonafied [bonafide] &Regular student for Bachelors of Physiotherapy (BPT) of Allahabad Agricultural Institute Deemed University, (Session-2003-2007), being conducted at our Affiliated Institute (AH-402).<br /><br />7. It is also pleaded by petitioner in his Supplementary Affidavit that Allahabad Agricultural Institute, Allahabad, Utter Pradesh, is a Deemed University and is figuring amongst the Universities/Institutes, whose programmes have been approved by the Distance Education Council. Petitioner has placed with his Supplementary Affidavit a List of Universities/Institutions (Annexure A), whose programmes/courses have been approved by Distance Education Council, in which Allahabad Agricultural Institute figures at Serial No.02 amongst the Universities of State of Uttar Pradesh. It is contended that petitioner has attended the classes regularly in the Institute of Public Health & Hygiene, Mahipalpur, New Delhi and has qualified both internal assessment i.e. Practical and End Semester Examination in the said Institute which is a recognized Institute of Allahabad Agriculture Institute. The petitioner, in his Supplementary Affidavit, has relied on Government Order No.252-HME of 2012 dated 30.05.2012 and stated that he has qualified the Degree of BPT from Allahabad Agricultural Institute through its institute namely Public Health & Hygeine, Mahipalpur, New Delhi and attended the classes as well as practical’s in the Institute regularly and that the said fact can be ascertained from respondent no.5, after respondent no.5 files his reply.<br /><br />8. Respondent no.6, despite service, did not appear. Resultantly, he was set ex parte vide order dated 31st July 2013.<br /><br />9. Respondent no.5, in its affidavit, states that Allahabad Agricultural Institute is a grant-in-aid Institute by Government of Uttar Pradesh. The petitioner, it is stated, has completed Bachelor of Physiotherapy from the University in the year 2007 through distance mode. The relevant paragraph of the Affidavit qua petitioner having completed Bachelor of Physiotherapy through distance modeis reproduced hereunder: 4- That ShriJavaid Ahmad Dar s/o Shri B. Gani Dar (Enrolment No.A-2033010187) has successfully completed Bachelor of Physiotherapy (BPT) from this University in the year 2007 through distance mode.<br /><br />10. I have heard learned counsel for the parties and have gone through the pleadings and perused the record on the file.<br /><br />11. Before adverting to the law relating to the subject-matter, it is necessary to have an overview of the pleadings taken by petitioner in his Writ Petition and Supplementary Affidavit. The petitioner, in his writ petition, pleads that he has done Bachelors BPT Degree through distance mode whereas in Supplementary Affidavit he states that he has regularly attended the classes in the Institute of Public Health & Hygiene, Mahipalpur, New Delhi and in order to buttress his stand he has placed on record a copy of Certificate (Annexure B to Supplementary Affidavit),stated to have been issued by Chief Administrative Officer, Institute of Public Health & Hygiene, Regd. Office and Training Centre RZ-A-44, Mahipalpur, New Delhi-37, wherein it is certified that petitioner was a bonafide and regular student for Bachelors of Physiotherapy (BPT) of Allahabad Agricultural Institute. This claim of petitioner has been nullified as also falsified none other than by the Allahabad Agricultural Institute, wherefrom petitioner claims to have obtained BPT Degree. The Affidavit given by the Allahabad Agricultural University categorically makes it clear that petitioner has completed Bachelor of Physiotherapy (BPT) in the year 2007 through distance mode. Apart from that, letter No.DDE/ SHIATS-DU/VERIFICATION/2012/13 dated 8th February 2013,addressed by Sam Higginbottom Institute of Agriculture, Technology & Sciences (Formerly Allahabad Agricultural Institute) (Deemed University) Allahabad, to respondent no.3, makes it clear that petitioner, bearing Enrollment No.A-202210187,has completed Bachelor of Physiotherapy (BPT) through distance mode from one of its institutes namely Institute of Public Health and Hygiene, RZ-A-44, Mahipalpur, New Delhi. Therefore, the stand taken by petitioner that he has qualified the Bachelor of Physiotherapy as a regular student is devoid of any merit and substance.<br /><br />12. The controversy involved in the present case is squarely covered by a judgment passed by our High Court in a bunch of cases titled MuzaffarZaman Shah v. State and others (SWP No.102/2011 and 14 connected matters) decided on 6th June 2012. It would be advantageous to reproduce apropos excerpt of the said judgment hereunder:</p> <p style="padding-left: 30px; text-align: justify;">"15) The controversy involved in the petitions in hand has already been dealt with by this court in case titled Bilal Ahmad Najar versus State of J&K, bearing SWP no.187/06, decided on 27th February 2009, and it has been held that degrees issued by various universities in violation of UGC Act and the other applicable laws are not valid degrees in so far as employment of the State is concerned and the persons holding such degrees cannot claim any weightae on the basis of such degrees. It is apt to reproduce last 3 paragraphs herein:-<br />On consideration of the matter I could not find any ground for admission of the present petition. The petitioner has obtained a degree in distance education which admittedly is not a recognized degree by the University of Kashmir or by the Government of Jammu & Kashmir as such the degree obtained by the petitioner cannot be treated as a valid degree in so far as employment in the State is concerned. It is urged by the learned counsel for petitioner that though the degree obtained by the petitioner is through distance education mode it is not in fact so as the petitioner has attended regular classes at the Kawa Institute of Management. This in my view will not help the petitioner. Admittedly the degree under the distance education programme by the said Institute or the said University has not till date been recognized either by the University of Kashmir or by the Government, so the petitioner cannot take benefit of the same. Learned counsel has further referred to the stand taken by the University of Kashmir wherein the University authorities have stated that the degree is not recognized by the University for academic purpose and that it is for the State Government to consider it for employment purpose. The State Government has admittedly not recognized the degree for the purpose of employment as such the petitioner cannot claim any weight age on the basis of such degree. In these circumstances this petition is dismissed.<br /><br /><span> </span>16) Since it has already transpired that the universities have acted beyond the limits provided by the guidelines and Acts established for the purpose, therefore, the ratio laid down by the judgment supra squarely covers the theme."</p> <p style="text-align: justify;">13. The Court further observes:</p> <p style="padding-left: 30px; text-align: justify;"><br /><span> </span>"21). it needs to be clarified that the chance should transform the life only upwards and not backwards; it should be constructive and not destructive; for progress and not for retreat; for innovation and not for steadiness, for illumination and not for confusion; and, above all, for positive and not for negative objectives. At a time, when the shape of life is rapidly changing its colours because of technological advancement that man has made, the developmental process is simultaneously being used for wrong practices also. We have hackers who use the same technology and infrastructure not for the good but for the bad. The wrong doing, of whatever kind, is something that needs to be put breaks on because this, in real sense, hampers the progress of a nation in every possible way. The case in hand is glaring example of such wrong doing, technology misused at its worst.<br /><span> </span>22) The petitioners, who are before this Court, seeking direction in the name of respondents to give due weight age to their higher qualifications, though not valid, as discussed above, indeed want this Court to put its seal on the said illegal act."</p> <p style="text-align: justify;">14. Again, the Division Bench of our High Court in case titled Imtiyaz Ahmad Bhat and others versus State and others (LPA No.128/2012) decided on 24th August 2012, while dismissing the Appeal, has pointed out:</p> <p style="text-align: justify;"><br /><span> </span></p> <p style="padding-left: 30px; text-align: justify;">"7. The decisions have been taken by the Government and the Expert Committee of the University of Kashmir, which declared the appellants to be ineligible on the ground that their degrees were not recognized by the Government of J&K and University of Kashmir. Since no challenge has been thrown to the decisions so taken, the appellants would be precluded from pressing their claim in the writ petition. The decisions of the Government and Expert Committee of the University of Kashmir, until such time same are called in question in appropriate proceedings and are set aside, would not make the appellants eligible for seeking consideration for being selected/ appointed on the posts of Lecturers (10+2) in Environments Science."<br /><br /></p> <p style="text-align: justify;">15. To properly appreciate the issue involved in the present case, it would be appropriate to take into consideration the decision of the Hon’ble Supreme Court, rendered in the case of Prof. Yashpal and another v. State of Chhattisgarh and others [(2005) 5 SCC 420].<br /><br />16. In the said decision, provisions of the Chhattisgarh NijiKshetraVishwavidhyalaya (SthapanaAurViniyaman) SanshodhanAdhiniyam, 2004 were held to be ultra vires the Constitution on various grounds. It was also held that the impugned Act, which provided for having off-campus centres of the University outside the State, was beyond the legislative competence of the State of Chhattisgarh Legislature and was in violation of Article 245 of the Constitution of India. It was held that a University established by a State enactment would have jurisdiction only within the area specified in the Act or at best only within the territorial limit of the State concerned and not beyond the same, in the following terms:-<br /><br /><span> </span></p> <p style="padding-left: 30px; text-align: justify;">"60. Dr. Dhavan has also drawn the attention of the Court to certain other provisions of the Act which have effect outside the State of 10 W.P No.9903/2010Chhattisgarh and thereby give the State enactment an extraterritorial operation. Section 2(f) of the amended Act defines "off- campus centre" which means a centre of the university established by it outside the main campus (within or outside the State) operated and maintained as its constituent unit having the university's complement of facilities, faculty and staff. Section 2(g) defines "off- shore campus" and it means a campus of the university established by it outside the country, operated and maintained as its constituent unit, having the university's complement of facilities, faculty and staff. Section 3(7) says that the object of the university shall be to establish the main campus in Chhattisgarh and to have study centers at different places in India and other countries. In view of Article 245(1) of the Constitution, Parliament alone is competent to make laws for the whole or any part of the territory of India and the legislature of a State may make laws for the whole or any part of the State. The impugned Act which specifically makes a provision enabling a university to have an off- campus centre outside the State is clearly beyond the legislative competence of the Chhattisgarh Legislature."<br /><br /></p> <p style="text-align: justify;">17. Government Order No.252-HE of 2012 dated 30th May 2012, relied upon by petitioner and enclosed with his Supplementary Affidavit, itself depicts that the degree obtained through distance education from off-campuses, which have been established by the State Universities beyond the territorial jurisdiction, shall not be recognized.<br /><br />18. In the present case, petitioner, as pointed out above, has obtained Bachelor of Physiotherapy (BPT) through distance education mode from off-campus of Allahabad Agricultural Institute. The programmers/courses of Allahabad Agricultural Institute have been approved by Distance Education Council for its Campus at Allahabad and not for its off-campuses, like off-campus at Mahipalpur, New Delhi. Therefore, the weight age, so sought by petitioner to his qualification obtained through distance mode from off-campus, is not valid and cannot be granted, as such.<br /><br />19. In the aforementioned backdrop and in the totality of circumstances, the writ petition is held to be without any meritand is, accordingly, dismissed.<br /><br />20. Interim direction(s) shall stand vacated.</p>">...</vte:if><vte:if test="!"> <vte:if test="<p style="text-align: justify;">Writ Petition No. 473 Of 2012</p> <p style="text-align: justify;"><strong>APPELLANT/PETIONER<span style="white-space: pre;"> </span> </strong>: Javid Ahmed Dar</p> <p style="text-align: justify;"><strong>RESPONDANT</strong><span style="white-space: pre;"> </span>; State of J&K and others</p> <p style="text-align: justify;"><span style="white-space: pre;"> </span><strong>ADVOCATES APPEARED</strong></p> <p style="text-align: justify;"><strong>PETIONER</strong><span style="white-space: pre;"> <br /></span>S.A. Makroo </p> <p style="text-align: justify;"><strong>RESPONDANT </strong><span><strong><br /></strong>Respondents 1 to 4, Alla-uddinGanai, Dy.AG., Azhar-ul Amin, <br /><span>Respondents </span>7, T.H. Khawja, <br />Respondant 5 None <br />Respondant 7 In Exparte.</span></p> <p style="text-align: justify;"><strong>JUDGES ;</strong> Hon'ble Mr. Justice Tashi Rabstan</p> <p style="text-align: justify;"><strong>ACTS & SECTIONS</strong><br /><br />Article 245 in The Constitution Of India 1949<br />Article 245(1) in The Constitution Of India 1949</p> <p style="text-align: justify;"><span style="font-size: medium;"><strong>JUDGMENT</strong></span><br /><br />1. Advertisement Notice No.ZEO/Y/3953-56/10 dated 31st March 2010, consequent upon opening of New Primary School for NaiBasti Mishipora, Zone Yaripora, District Kulgam, under SarvaShikshaAbhiyan (SSA) 2009-2010, came to be issued by Zonal Education Officer, Yaripora respondent no.4 in the petition, inviting applications from eligible candidates hailing from Revenue Village Widow Mishipora with minimum qualification of 10+2 and above with the prescribed age limit for engagement of two Rehbar-e-Taleems(ReTs) in the said School.<br /><br />2. After applications were received, a Panel of five candidates was prepared, in which petitioner figures at Serial No.1 and respondents 6&7 at Serial No.4 and 2 respectively. The Panel was forwarded to Chief Education Officer, Kulgam respondent no.3. The petitioner was tentatively selected as ReT and objections sought there against. The Tentative Selection List (Annexure N to writ petition) bearing No.CEO/K/9849/12 dated 08.02.2012, however, mentions that inclusion of candidate (petitioner) in the tentative list does not confer any right or claim for engagement. Respondent no.3 vide Notification, No.CEO/K/9890/12 dated 13th February 2012 published in Daily Kashmir Uzma on 15.02.2012 (Annexure-O to writ petition) withdrew Tentative Selection List No.CEO/K/9849/12 dated 08.02.2012, whereby petitioner was tentatively selected as ReT.<br /><br />3. Petitioner, aggrieved of his exit from the zone of consideration for selection against the ReT position, has come up with writ petition on hand on the grounds that he is resident of Village Widow Mishipora and he has, to his credit, Bachelors Degree in Physiotherapy earned from Allahabad Agricultural Institute. It is insisted that petitioner was figuring at Serial No.1 in the Panel prepared by respondent department and was expecting his selection but a plea was taken that his Bachelors Degree could not be entertained. It is pleaded that petitioner has completed his Bachelors Degree in Physiotherapy from Allahabad Agricultural Institute, which is a deemed university and recognized by Indira Gandhi National Open University and Distance Education Council, for imparting courses through distance mode. It is averred that petitioner has highest merit and is figuring at S.No.1 in the Panel, as such, has a right to be engaged as ReT for newly opened Primary School, NaibastiMishipora. It is also pleaded that respondents, in utter disregard of merit position, are trying to accommodate private respondents by selecting them over and above the head of petitioner on the ground that petitioner has done his Bachelors Degree through distance mode. It is submitted that petitioner is having a valid degree and even if he has done the said degree through distance mode, same does not nullify his degree in the eye of law as the University, from which he has obtained the degree, is a recognized deemed university. The petitioner, on the edifice of case set up in writ petition, has sought following relief:</p> <p style="text-align: justify; padding-left: 30px;">"i) Writ of certiorari, quashing order/notification dated 13.02.2012 published in daily newspaper Kashmir Uzma, in its issue dated 15.02.2012;<br />ii) Writ of mandamus, commanding respondents to issue engagement order in favour of petitioner for engagement as ReT in Government Primary School, NaiBasti, Mishipora;<br />iii) Writ of mandamus, commanding respondents to give all the benefits to petitioner which will accrue to him on being engaged as ReT;<br />iv) Writ of prohibition, restraining respondents from issuing order of engagement in favour of private respondents being inferior in merit."</p> <p style="text-align: justify;">4. Respondents 1 to 4, in their reply, have resisted the writ petition on the grounds that consequent upon sanctioning of new Primary School NaiBastiMishipora, an advertisement notice was issued for engagement of two ReTs and that a Panel of 05 candidates was framed, in which petitioner figured at Serial No.1 on the basis of his qualification as Bachelor in Physiotherapy (BPT), that was forwarded to respondent no.3. However, objections were filed against inclusion of petitioner in the zone of consideration on the plea that petitioner has obtained Bachelors Degree in Physiotherapy through distance mode from Allahabad Agricultural Institute. It is averred that respondent no.2 has issued a communication No.DSEKT/Legal/1733/Misc/694 dated 3rd March 2012, intimating that as per standing instructions, the degrees, acquired by a candidate in distance mode from the outside State University, are not to be entertained.<br /><br />5. Respondent no.7, in his Reply Affidavit, has opposed the writ petition on the grounds that petitioner had managed his tentative selection on the basis of Bachelors in Physiotherapy (BPT), that petitioner claimed to have obtained from Sam Higgin-bottom Institute of Agriculture, Technology & Science by distance mode through Institute of Public Health and Hygiene, New Delhi. It is insisted that any degree obtained in Science stream through distance mode is neither considered equivalent to corresponding degrees of Kashmir University nor recognized by University of Kashmir or Government of Jammu and Kashmir and that the degrees obtained from or through franchisee-centre located at a place, which is beyond the territorial jurisdiction of the State, in which University is headquartered, are not otherwise also countenanced by law and have been declared illegal by Honble Supreme Court. It is pointed out by respondent no.7 that petitioner has obtained BPT from Institute of Public Health and Hygiene, New Delhi, though the Degree is shown to have been conferred by Sam Higgin-bottom Institute of Agriculture, Technology and Science, and that such degrees are not only invalid degrees but unknown to law. To lend support to his contentions, respondent has placed on record letter No.DDE/SHIATS-DU/ VERIFICATION/2012/13 dated 8th February 2013 of Sam Higgin-bottom Institute of Agriculture, Technology & Sciences (Formerly Allahabad Agricultural Institute) (Deemed University) Allahabad(Annexure RA), addressed to Chief Education Officer, Kulgam respondent no.3, informing that petitioner, bearing Enrollment No.A-202210187,has completed Bachelor of Physiotherapy (BPT) in April 2007 through distance mode from one of its franchisees/institutes, namely Institute of Public Health and Hygiene, RZ-A-44, Mahipalpur, New Delhi. It is averred that respondent no.7 has done his Graduation from University of Kashmir as a regular student and has more marks than petitioner at 10+2 level. Respondent no.7, on the strength of submissions made in his Reply, sought dismissal of writ petition.<br /><br />6. Petitioner, in rebuttal to the Reply filed by respondents, has, in his Supplementary Affidavit, stated that he has qualified the Degree of BPT from recognized Institute of Allahabad Agriculture Institute, Allahabad, known as Institute of Public Health & Hygiene, which is located at Mahipalpur, New Delhi. It is pleaded that petitioner has attended classes regularly in the said Institute and has also attended practical test and appeared in the examination and in this regard has placed on record a Certificate (Annexure B)claimed to have been issued by Chief Administrative Officer, Institute of Public Health & Hygiene, Regd. Office and Training Centre RZ-A-44,Mahipalpur, New Delhi-37. The relevant extract of the Certificate (Annexure B) is reproduced herein: This is to certify that Mr. Javaid Ahmad Dar S/o Mr.Ab. Gani Dar R/o Mishipora, Tehsil & Distt. Kulgam-192102, J&K, was bonafied [bonafide] &Regular student for Bachelors of Physiotherapy (BPT) of Allahabad Agricultural Institute Deemed University, (Session-2003-2007), being conducted at our Affiliated Institute (AH-402).<br /><br />7. It is also pleaded by petitioner in his Supplementary Affidavit that Allahabad Agricultural Institute, Allahabad, Utter Pradesh, is a Deemed University and is figuring amongst the Universities/Institutes, whose programmes have been approved by the Distance Education Council. Petitioner has placed with his Supplementary Affidavit a List of Universities/Institutions (Annexure A), whose programmes/courses have been approved by Distance Education Council, in which Allahabad Agricultural Institute figures at Serial No.02 amongst the Universities of State of Uttar Pradesh. It is contended that petitioner has attended the classes regularly in the Institute of Public Health & Hygiene, Mahipalpur, New Delhi and has qualified both internal assessment i.e. Practical and End Semester Examination in the said Institute which is a recognized Institute of Allahabad Agriculture Institute. The petitioner, in his Supplementary Affidavit, has relied on Government Order No.252-HME of 2012 dated 30.05.2012 and stated that he has qualified the Degree of BPT from Allahabad Agricultural Institute through its institute namely Public Health & Hygeine, Mahipalpur, New Delhi and attended the classes as well as practical’s in the Institute regularly and that the said fact can be ascertained from respondent no.5, after respondent no.5 files his reply.<br /><br />8. Respondent no.6, despite service, did not appear. Resultantly, he was set ex parte vide order dated 31st July 2013.<br /><br />9. Respondent no.5, in its affidavit, states that Allahabad Agricultural Institute is a grant-in-aid Institute by Government of Uttar Pradesh. The petitioner, it is stated, has completed Bachelor of Physiotherapy from the University in the year 2007 through distance mode. The relevant paragraph of the Affidavit qua petitioner having completed Bachelor of Physiotherapy through distance modeis reproduced hereunder: 4- That ShriJavaid Ahmad Dar s/o Shri B. Gani Dar (Enrolment No.A-2033010187) has successfully completed Bachelor of Physiotherapy (BPT) from this University in the year 2007 through distance mode.<br /><br />10. I have heard learned counsel for the parties and have gone through the pleadings and perused the record on the file.<br /><br />11. Before adverting to the law relating to the subject-matter, it is necessary to have an overview of the pleadings taken by petitioner in his Writ Petition and Supplementary Affidavit. The petitioner, in his writ petition, pleads that he has done Bachelors BPT Degree through distance mode whereas in Supplementary Affidavit he states that he has regularly attended the classes in the Institute of Public Health & Hygiene, Mahipalpur, New Delhi and in order to buttress his stand he has placed on record a copy of Certificate (Annexure B to Supplementary Affidavit),stated to have been issued by Chief Administrative Officer, Institute of Public Health & Hygiene, Regd. Office and Training Centre RZ-A-44, Mahipalpur, New Delhi-37, wherein it is certified that petitioner was a bonafide and regular student for Bachelors of Physiotherapy (BPT) of Allahabad Agricultural Institute. This claim of petitioner has been nullified as also falsified none other than by the Allahabad Agricultural Institute, wherefrom petitioner claims to have obtained BPT Degree. The Affidavit given by the Allahabad Agricultural University categorically makes it clear that petitioner has completed Bachelor of Physiotherapy (BPT) in the year 2007 through distance mode. Apart from that, letter No.DDE/ SHIATS-DU/VERIFICATION/2012/13 dated 8th February 2013,addressed by Sam Higginbottom Institute of Agriculture, Technology & Sciences (Formerly Allahabad Agricultural Institute) (Deemed University) Allahabad, to respondent no.3, makes it clear that petitioner, bearing Enrollment No.A-202210187,has completed Bachelor of Physiotherapy (BPT) through distance mode from one of its institutes namely Institute of Public Health and Hygiene, RZ-A-44, Mahipalpur, New Delhi. Therefore, the stand taken by petitioner that he has qualified the Bachelor of Physiotherapy as a regular student is devoid of any merit and substance.<br /><br />12. The controversy involved in the present case is squarely covered by a judgment passed by our High Court in a bunch of cases titled MuzaffarZaman Shah v. State and others (SWP No.102/2011 and 14 connected matters) decided on 6th June 2012. It would be advantageous to reproduce apropos excerpt of the said judgment hereunder:</p> <p style="padding-left: 30px; text-align: justify;">"15) The controversy involved in the petitions in hand has already been dealt with by this court in case titled Bilal Ahmad Najar versus State of J&K, bearing SWP no.187/06, decided on 27th February 2009, and it has been held that degrees issued by various universities in violation of UGC Act and the other applicable laws are not valid degrees in so far as employment of the State is concerned and the persons holding such degrees cannot claim any weightae on the basis of such degrees. It is apt to reproduce last 3 paragraphs herein:-<br />On consideration of the matter I could not find any ground for admission of the present petition. The petitioner has obtained a degree in distance education which admittedly is not a recognized degree by the University of Kashmir or by the Government of Jammu & Kashmir as such the degree obtained by the petitioner cannot be treated as a valid degree in so far as employment in the State is concerned. It is urged by the learned counsel for petitioner that though the degree obtained by the petitioner is through distance education mode it is not in fact so as the petitioner has attended regular classes at the Kawa Institute of Management. This in my view will not help the petitioner. Admittedly the degree under the distance education programme by the said Institute or the said University has not till date been recognized either by the University of Kashmir or by the Government, so the petitioner cannot take benefit of the same. Learned counsel has further referred to the stand taken by the University of Kashmir wherein the University authorities have stated that the degree is not recognized by the University for academic purpose and that it is for the State Government to consider it for employment purpose. The State Government has admittedly not recognized the degree for the purpose of employment as such the petitioner cannot claim any weight age on the basis of such degree. In these circumstances this petition is dismissed.<br /><br /><span> </span>16) Since it has already transpired that the universities have acted beyond the limits provided by the guidelines and Acts established for the purpose, therefore, the ratio laid down by the judgment supra squarely covers the theme."</p> <p style="text-align: justify;">13. The Court further observes:</p> <p style="padding-left: 30px; text-align: justify;"><br /><span> </span>"21). it needs to be clarified that the chance should transform the life only upwards and not backwards; it should be constructive and not destructive; for progress and not for retreat; for innovation and not for steadiness, for illumination and not for confusion; and, above all, for positive and not for negative objectives. At a time, when the shape of life is rapidly changing its colours because of technological advancement that man has made, the developmental process is simultaneously being used for wrong practices also. We have hackers who use the same technology and infrastructure not for the good but for the bad. The wrong doing, of whatever kind, is something that needs to be put breaks on because this, in real sense, hampers the progress of a nation in every possible way. The case in hand is glaring example of such wrong doing, technology misused at its worst.<br /><span> </span>22) The petitioners, who are before this Court, seeking direction in the name of respondents to give due weight age to their higher qualifications, though not valid, as discussed above, indeed want this Court to put its seal on the said illegal act."</p> <p style="text-align: justify;">14. Again, the Division Bench of our High Court in case titled Imtiyaz Ahmad Bhat and others versus State and others (LPA No.128/2012) decided on 24th August 2012, while dismissing the Appeal, has pointed out:</p> <p style="text-align: justify;"><br /><span> </span></p> <p style="padding-left: 30px; text-align: justify;">"7. The decisions have been taken by the Government and the Expert Committee of the University of Kashmir, which declared the appellants to be ineligible on the ground that their degrees were not recognized by the Government of J&K and University of Kashmir. Since no challenge has been thrown to the decisions so taken, the appellants would be precluded from pressing their claim in the writ petition. The decisions of the Government and Expert Committee of the University of Kashmir, until such time same are called in question in appropriate proceedings and are set aside, would not make the appellants eligible for seeking consideration for being selected/ appointed on the posts of Lecturers (10+2) in Environments Science."<br /><br /></p> <p style="text-align: justify;">15. To properly appreciate the issue involved in the present case, it would be appropriate to take into consideration the decision of the Hon’ble Supreme Court, rendered in the case of Prof. Yashpal and another v. State of Chhattisgarh and others [(2005) 5 SCC 420].<br /><br />16. In the said decision, provisions of the Chhattisgarh NijiKshetraVishwavidhyalaya (SthapanaAurViniyaman) SanshodhanAdhiniyam, 2004 were held to be ultra vires the Constitution on various grounds. It was also held that the impugned Act, which provided for having off-campus centres of the University outside the State, was beyond the legislative competence of the State of Chhattisgarh Legislature and was in violation of Article 245 of the Constitution of India. It was held that a University established by a State enactment would have jurisdiction only within the area specified in the Act or at best only within the territorial limit of the State concerned and not beyond the same, in the following terms:-<br /><br /><span> </span></p> <p style="padding-left: 30px; text-align: justify;">"60. Dr. Dhavan has also drawn the attention of the Court to certain other provisions of the Act which have effect outside the State of 10 W.P No.9903/2010Chhattisgarh and thereby give the State enactment an extraterritorial operation. Section 2(f) of the amended Act defines "off- campus centre" which means a centre of the university established by it outside the main campus (within or outside the State) operated and maintained as its constituent unit having the university's complement of facilities, faculty and staff. Section 2(g) defines "off- shore campus" and it means a campus of the university established by it outside the country, operated and maintained as its constituent unit, having the university's complement of facilities, faculty and staff. Section 3(7) says that the object of the university shall be to establish the main campus in Chhattisgarh and to have study centers at different places in India and other countries. In view of Article 245(1) of the Constitution, Parliament alone is competent to make laws for the whole or any part of the territory of India and the legislature of a State may make laws for the whole or any part of the State. The impugned Act which specifically makes a provision enabling a university to have an off- campus centre outside the State is clearly beyond the legislative competence of the Chhattisgarh Legislature."<br /><br /></p> <p style="text-align: justify;">17. Government Order No.252-HE of 2012 dated 30th May 2012, relied upon by petitioner and enclosed with his Supplementary Affidavit, itself depicts that the degree obtained through distance education from off-campuses, which have been established by the State Universities beyond the territorial jurisdiction, shall not be recognized.<br /><br />18. In the present case, petitioner, as pointed out above, has obtained Bachelor of Physiotherapy (BPT) through distance education mode from off-campus of Allahabad Agricultural Institute. The programmers/courses of Allahabad Agricultural Institute have been approved by Distance Education Council for its Campus at Allahabad and not for its off-campuses, like off-campus at Mahipalpur, New Delhi. Therefore, the weight age, so sought by petitioner to his qualification obtained through distance mode from off-campus, is not valid and cannot be granted, as such.<br /><br />19. In the aforementioned backdrop and in the totality of circumstances, the writ petition is held to be without any meritand is, accordingly, dismissed.<br /><br />20. Interim direction(s) shall stand vacated.</p>"><a href="laws-guidance/judgments/3881-javaid-ahmad-dar-vs-state-of-j-k-and-others.html"> <vte:value select=" Read more " /></a></vte:if> <vte:else><a class="visit" href=""><img src="https://www.physiotherapyindia.org/themes/physio/img/external.png" alt=" Visit website " /></a></vte:else></vte:if>--></p> <div class="clearfix" ></div> </div> </div> </div><!--spliter--> </div> <div class="r12col last"> <div class="spliter"> <h2 class="block_title"><a href="https://www.physiotherapyindia.org/laws-guidance/laws">Laws & Policies</a></h2> <!--<h2><vte:value select="Laws" /></h2>--> <div class="row"> <div class="twentyfourcol last image"> <a href="laws-guidance/laws/3873-clinical-establishment-act-standard-for-physiotherapy-centre.html"> <img src="https://www.physiotherapyindia.org/thumbnail.php?file=abstractimages/article/cea.jpg&size=article_medium" alt="Clinical Establishment Act Standard for Physiotherapy Centre" /> <br /></a> </div> </div> <div class="short"><div class="short_holder"> <h2 class="article_title min-height"><a href="laws-guidance/laws/3873-clinical-establishment-act-standard-for-physiotherapy-centre.html">Clinical Establishment Act Standard for Physiotherapy Centre</a></h2> <p>In 2010 Clinical Establishments (Registration and Regulation) Act, 2010 has been enacted by the Central ...</p> <!--<br /> <vte:if test="!"> <vte:if test="<p style="text-align: justify;">In 2010 Clinical Establishments (Registration and Regulation) Act, 2010 has been enacted by the Central Government to provide for registration and regulation of all clinical establishments in the country with a view to prescribe the minimum standards of facilitiesand services provided by them.<br />The Ministry has notified the “National Council for Clinical Establishments” and ‘The Clinical Establishments (Central Government) Rules, 2012” under this Act vide Gazette. This Act isapplicable to all kinds of clinical establishments from the public and private sectors, of allrecognized systems of medicine including single doctor clinics. The only exception will be establishments run by the Armed forces.</p> <p style="text-align: justify;"> </p> <p style="text-align: left;"><strong><span style="color: #0000ff;">PREVIEW OR DOWNLOAD THE COMPLETE ACT FROM THE ATTACHMENT SECTION BELOW</span></strong></p>"> <div><a href="laws-guidance/laws/3873-clinical-establishment-act-standard-for-physiotherapy-centre.html" class="button"> <vte:value select=" Read more " /></a></div> </vte:if> <vte:else><a class="visit" href=""><img src="https://www.physiotherapyindia.org/themes/physio/img/external.png" alt=" Visit website " /></a></vte:else></vte:if>--> <div class="clearfix" ></div> </div> </div> <div class="short"><div class="short_holder"> <div class="image"> <a href="laws-guidance/laws/3874-the-physiotherapy-central-council-bill-2017.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/article/pcb.jpg&size=article_medium" alt="The Physiotherapy Central Council Bill, 2017" /> <br /></a></div> <h2 class="article_title"><a href="laws-guidance/laws/3874-the-physiotherapy-central-council-bill-2017.html">The Physiotherapy Central Council Bill, 2017</a></h2> <p>THE PHYSIOTHERAPY CENTRAL COUNCIL BILL, 2017, By DR. KIRIT PREMJIBHAI SOLANKI, M.P. A BILL to provide for <!--<vte:if test="<p>THE PHYSIOTHERAPY CENTRAL COUNCIL BILL, 2017, By DR. KIRIT PREMJIBHAI SOLANKI, M.P.</p> <p>A BILL</p> <p>to provide for the constitution of Central Council of the Physiotherapy, theco-ordinated development in the education of phsiotherapy with a view toregulating and maintaining standards of such education, maintenanceof Register of Physiotherapists and for matters connected there with or incidental there to</p> <p>BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as</p> <p>CHAPTER I<br />PRELIMINARY</p> <p>1. <br />(1) This Act may be called the Physiotherapy Central Council Act, 2017.<br />(2) It extends to the whole of India.<br />(3) It shall come into force on such date as the Central Government may, bynotification, appoint; and different dates may be appointed for constitution of differentCentral Councils and for different provisions of this Act.Short titleand commencement.Bill No. 200 of 2017AS INTRODUCED IN LOK SABHA52</p> <p>2. (1) In this Act, unless the context otherwise requires,—</p> <p> (a) "Central Council" means the Central Council of Physiotherapy, constituted under section 3;<br /> (b) "education" means programmes of education, research or training orsuch other programmes or areas as the Central Government may, in consultationwith the Central Council, by notification, declare in the discipline of physiotherapy;<br /> (c) "Fund" means the physiotherapy Central Council fund constituted undersection 30;<br /> (d) "institution" means any institution, by whatever name called, establishedby law for imparting education under this Act;<br /> (e) "member" means a member of the Central Council and includes itsChairperson and the Vice-Chairperson;<br /> (f) "notification" means a notification published in the Official Gazette;<br /> (g) "physiotherapist" means a person whose name has been entered in theregister of the Central Council;<br /> (h) "physiotheraphy" means medically directed therapy through physicalagents including heat, cold, light, water, massage, electricity or manual exerciseto persons with the aim of preventing or correcting any disability includes occupational therapy;<br /> (i) "prescribed" means prescribed by rules made under this Act;<br /> (j) "register" means the register maintained under sub-section (1) ofsection 23;<br /> (k) "regulations" means regulations made under this Act;<br /> (l) "University" means a University defined under clause (f) of section 2 of the University Grants Commission Act, 1956 and includes an institution declaredto be a deemed University under section 3 of the said Act.<br /><br /> (2) Any reference in this Act of a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to thecorresponding law, if any, in force in that State.</p> <p><span style="color: #3366ff;"><strong>PREVIEW OR DOWNLOAD THE COMPLETE ACT FROM THE ATTACHMENT SECTION BELOW</strong></span></p>">...</vte:if><vte:if test="!"> <vte:if test="<p>THE PHYSIOTHERAPY CENTRAL COUNCIL BILL, 2017, By DR. KIRIT PREMJIBHAI SOLANKI, M.P.</p> <p>A BILL</p> <p>to provide for the constitution of Central Council of the Physiotherapy, theco-ordinated development in the education of phsiotherapy with a view toregulating and maintaining standards of such education, maintenanceof Register of Physiotherapists and for matters connected there with or incidental there to</p> <p>BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as</p> <p>CHAPTER I<br />PRELIMINARY</p> <p>1. <br />(1) This Act may be called the Physiotherapy Central Council Act, 2017.<br />(2) It extends to the whole of India.<br />(3) It shall come into force on such date as the Central Government may, bynotification, appoint; and different dates may be appointed for constitution of differentCentral Councils and for different provisions of this Act.Short titleand commencement.Bill No. 200 of 2017AS INTRODUCED IN LOK SABHA52</p> <p>2. (1) In this Act, unless the context otherwise requires,—</p> <p> (a) "Central Council" means the Central Council of Physiotherapy, constituted under section 3;<br /> (b) "education" means programmes of education, research or training orsuch other programmes or areas as the Central Government may, in consultationwith the Central Council, by notification, declare in the discipline of physiotherapy;<br /> (c) "Fund" means the physiotherapy Central Council fund constituted undersection 30;<br /> (d) "institution" means any institution, by whatever name called, establishedby law for imparting education under this Act;<br /> (e) "member" means a member of the Central Council and includes itsChairperson and the Vice-Chairperson;<br /> (f) "notification" means a notification published in the Official Gazette;<br /> (g) "physiotherapist" means a person whose name has been entered in theregister of the Central Council;<br /> (h) "physiotheraphy" means medically directed therapy through physicalagents including heat, cold, light, water, massage, electricity or manual exerciseto persons with the aim of preventing or correcting any disability includes occupational therapy;<br /> (i) "prescribed" means prescribed by rules made under this Act;<br /> (j) "register" means the register maintained under sub-section (1) ofsection 23;<br /> (k) "regulations" means regulations made under this Act;<br /> (l) "University" means a University defined under clause (f) of section 2 of the University Grants Commission Act, 1956 and includes an institution declaredto be a deemed University under section 3 of the said Act.<br /><br /> (2) Any reference in this Act of a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to thecorresponding law, if any, in force in that State.</p> <p><span style="color: #3366ff;"><strong>PREVIEW OR DOWNLOAD THE COMPLETE ACT FROM THE ATTACHMENT SECTION BELOW</strong></span></p>"><a href="laws-guidance/laws/3874-the-physiotherapy-central-council-bill-2017.html"> <vte:value select=" Read more " /></a></vte:if> <vte:else><a class="visit" href=""><img src="https://www.physiotherapyindia.org/themes/physio/img/external.png" alt=" Visit website " /></a></vte:else></vte:if>--></p> <div class="clearfix" ></div> </div> </div> <div class="short"><div class="short_holder"> <div class="image"> <a href="laws-guidance/laws/3875-posco-act.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/article/posco.jpg&size=article_medium" alt="POSCO Act" /> <br /></a></div> <h2 class="article_title"><a href="laws-guidance/laws/3875-posco-act.html">POSCO Act</a></h2> <p>The Protection of Children from Sexual Offence act, 2012 ACT NO. 32 OF 2012[19th June, <!--<vte:if test="<p style="text-align: justify;">The Protection of Children from Sexual Offence act, 2012 ACT NO. 32 OF 2012[19th June, 2012.]</p> <p style="text-align: justify;">An Act to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto.</p> <p style="text-align: justify;">WHEREAS clause (3) of article 15 of the Constitution, inter alia, empowers the State to make specialprovisions for children;</p> <p style="text-align: justify;">AND WHEREAS, the Government of India has acceded on the 11th December, 1992 to the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations, which has prescribed a set of standards to be followed by all State parties in securing the best interests of the child;</p> <p style="text-align: justify;">AND WHEREAS it is necessary for the proper development of the child that his or her right to privacy and confidentiality be protected and respected by every person by all means and through all stages of a judicial process involving the child;</p> <p style="text-align: justify;">AND WHEREAS it is imperative that the law operates in a manner that the best interest and well being of the child are regarded as being of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child;</p> <p style="text-align: justify;">AND WHEREAS the State parties to the Convention on the Rights of the Child are required to undertake all appropriate national, bilateral and multilateral measures to prevent—<br />(a)the inducement or coercion of a child to engage in any unlawful sexual activity;<br />(b)the exploitative use of children in prostitution or other unlawful sexual practices;<br />(c)the exploitative use of children in pornographic performances and materials;</p> <p style="text-align: justify;">AND WHEREAS sexual exploitation and sexual abuse of children are heinous crimes and need to be effectively addressed.</p> <p style="text-align: justify;">BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:—</p> <p> </p> <p><span style="color: #3366ff;"><strong>PREVIEW OR DOWNLOAD THE COMPLETE ACT FROM THE ATTACHMENT SECTION BELOW</strong></span></p>">...</vte:if><vte:if test="!"> <vte:if test="<p style="text-align: justify;">The Protection of Children from Sexual Offence act, 2012 ACT NO. 32 OF 2012[19th June, 2012.]</p> <p style="text-align: justify;">An Act to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto.</p> <p style="text-align: justify;">WHEREAS clause (3) of article 15 of the Constitution, inter alia, empowers the State to make specialprovisions for children;</p> <p style="text-align: justify;">AND WHEREAS, the Government of India has acceded on the 11th December, 1992 to the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations, which has prescribed a set of standards to be followed by all State parties in securing the best interests of the child;</p> <p style="text-align: justify;">AND WHEREAS it is necessary for the proper development of the child that his or her right to privacy and confidentiality be protected and respected by every person by all means and through all stages of a judicial process involving the child;</p> <p style="text-align: justify;">AND WHEREAS it is imperative that the law operates in a manner that the best interest and well being of the child are regarded as being of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child;</p> <p style="text-align: justify;">AND WHEREAS the State parties to the Convention on the Rights of the Child are required to undertake all appropriate national, bilateral and multilateral measures to prevent—<br />(a)the inducement or coercion of a child to engage in any unlawful sexual activity;<br />(b)the exploitative use of children in prostitution or other unlawful sexual practices;<br />(c)the exploitative use of children in pornographic performances and materials;</p> <p style="text-align: justify;">AND WHEREAS sexual exploitation and sexual abuse of children are heinous crimes and need to be effectively addressed.</p> <p style="text-align: justify;">BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:—</p> <p> </p> <p><span style="color: #3366ff;"><strong>PREVIEW OR DOWNLOAD THE COMPLETE ACT FROM THE ATTACHMENT SECTION BELOW</strong></span></p>"><a href="laws-guidance/laws/3875-posco-act.html"> <vte:value select=" Read more " /></a></vte:if> <vte:else><a class="visit" href=""><img src="https://www.physiotherapyindia.org/themes/physio/img/external.png" alt=" Visit website " /></a></vte:else></vte:if>--></p> <div class="clearfix" ></div> </div> </div> </div><!--spliter--> </div> </div> </div> </div> </div> </div> <div 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class="twentyfourcol"> <div class="twelvecol"> <div class="spliter"> <h2><a href="https://www.physiotherapyindia.org/about/">IAP At a Glance</a></h2> <div class=""> <div class="short_holder"> <!--<div class="box-title"> <h3 class="article_title"> <vte:value select="IAP - An Oath for Physiotherapists" /> </h3> </div>--> <p style="text-align:justify;"> In the presence of my teachers, family, friends, and fellow graduates, and in view of entering the noble and honored profession of Physiotherapy, I sincerely and willingly take an oath to dedicate myself to the following:I will not discriminate the patients of any age, gender, race, creed or any other factor to intervene between my duty and my patient.I will strive to provide high-quality, evidence-based physiotherapy treatment to the best of my knowledge for my patients.I will carry out the duties of my profession with conscience, and dignity, and honor my noble profession.I will adhere to legal and ethical obligations while using sound professional judgment.I will respect the rights, dignity, and confidentiality of patients or anyone who uses my services.I will uphold the dignity and treatment of my patients and serve human life.I will act kindly, honestly, and with integrity with everyone in all facets of my services.I will uphold ... <a class="readon" href="about/4094-iap-an-oath-for-physiotherapists.html"> Read more </a> </p> <div class="clearfix" ></div> </div> </div> </div><!--spliter--> </div> <div class="twelvecol last"> <div class="spliter"> <h2><a href="https://www.physiotherapyindia.org/about/">IAP Women Cell</a></h2> <div class=""> <div class="short_holder"> <div class="image"> <a href="about/women-cell/3719-about-us-our-programmes.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/women_cell_633541819.jpg&size=article_medium" alt="About Us & Our Programmes" /> <br /> </a> </div> <!--<div class="box-title"> <h3 class="article_title"> <vte:value select="About Us & Our Programmes" /> </h3> </div>--> <p style="text-align:justify;"> We strive to make a difference for our Female physiotherapy professionals and profession Yes, "Time Flies", and as we do our duty, may it ever be positive in its effects on our members, their families, and for our society.In Women CellWe are Planning to promote participation of female physiotherapists in mainstream.1.Access to Hot Jobs—by creating a special job portal on IAP Website.• and help female to negotiate their roles2. Equality in Working—by 2020, and women still make less than men.IAP will promote that there are no gaps in your workplace .• Implement a “no negotiations” policy.• Support pay transparency.• Evaluate recruitment, promotion, and talent development systems for gender bias3.Race and Gender Bias—Women of colour continue to deal with some of the workplace’s most entrenched hurdles.What IAP Women cell will do?• Not shy away from talking about uncomfortable or difficult topics. Each of us—regardless of our ... <a class="readon" href="about/women-cell/3719-about-us-our-programmes.html"> Read more </a> </p> <div class="clearfix" ></div> </div> </div> </div><!--spliter--> </div> </div> </div> </div> </div> </div> <div id="main_content_wrap"> <div class="row"> <div class="twelvecol text-align-center"> <div><a href="https://www.physiotherapyindia.org/click/72" target="_blank"><img src="https://www.physiotherapyindia.org/files/banners/HR-03-Rehabcreative-650X83.jpg"/></a></div> </div> <div class="twelvecol text-align-center last"> <div><a href="https://www.physiotherapyindia.org/click/68" target="_blank"><img src="https://www.physiotherapyindia.org/files/banners/hr-04-iap-journal.jpg"/></a></div> </div> </div> <div class="row"> <div class="twelvecol text-align-center"> <div><a href="https://www.physiotherapyindia.org/click/37"><img src="https://www.physiotherapyindia.org/files/banners/corona-notice-inquiries-650x83.jpg"/></a></div> </div> <div class="twelvecol 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Arthritis With LCHF Diet</a> </h2> <p> Arthritis can be broadly categorised as Rheumatoid arthritis and Osteoarthritis. Rheumatoid is treated with a variety of anti-inflammatory drugs, disease modifying agents and surgery. Osteoarthritis ... <a href="publications/public-area-blog/3708-lchf-diet-for-arthiritis.html"> Read more </a> </p> </div> <div class="clearfix" ></div> </div> </div> </div><!--sixcol--> <div class="sixcol"> <div class="short"> <div class="short_holder"> <div class="image"> <a href="publications/public-area-blog/3307-common-sports-injuries.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/common_sports_injuries_184051068.jpg&size=summary_large" alt="Common Sports Injuries" /> </a> <div class="date">20 Sep 2012</div> </div> <div class="clearfix" ></div> <div class="blog-content-wrap"> <h2 class="article_title"> <a href="publications/public-area-blog/3307-common-sports-injuries.html">Common Sports Injuries</a> </h2> <p> Timely therapy intervention can have dramatic effects on recovery rate of sports injuries. Sports injuries can be new & acute or chronic ongoing ‘niggles’ that ... <a href="publications/public-area-blog/3307-common-sports-injuries.html"> Read more </a> </p> </div> <div class="clearfix" ></div> </div> </div> </div><!--sixcol--> <div class="sixcol"> <div class="short"> <div class="short_holder"> <div class="image"> <a href="publications/public-area-blog/3286-back-pain-remedies.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/back_pain_945265427.jpg&size=summary_large" alt="Back Pain Remedies" /> </a> <div class="date">02 Sep 2012</div> </div> <div class="clearfix" ></div> <div class="blog-content-wrap"> <h2 class="article_title"> <a href="publications/public-area-blog/3286-back-pain-remedies.html">Back Pain Remedies</a> </h2> <p> If you are currently experiencing low back pain, one or two days of rest is indicated. After this short time period, gentle self-care exercises should ... <a href="publications/public-area-blog/3286-back-pain-remedies.html"> Read more </a> </p> </div> <div class="clearfix" ></div> </div> </div> </div><!--sixcol--> <div class="sixcol"> <div class="short"> <div class="short_holder"> <div class="image"> <a href="publications/public-area-blog/3285-ankle-rehabilatation.html"> <img src="https://www.physiotherapyindia.org//thumbnail.php?file=abstractimages/ankle_rehab_875686922.jpg&size=summary_large" alt="Ankle Rehabilatation" /> </a> <div class="date">02 Sep 2012</div> </div> <div class="clearfix" ></div> <div class="blog-content-wrap"> <h2 class="article_title"> <a href="publications/public-area-blog/3285-ankle-rehabilatation.html">Ankle Rehabilatation</a> </h2> <p> talocrural joint is the medical term used for ankle joints. 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