J. Chelameswar, CJ.

1. These four appeals arise out of a common judgment dated 31.03.2010 in four writ petitions.

2. As a matter of fact, five writ petitions were heard and disposed of by the abovementioned judgment. Petitioner in W.P.(C) No.35587 of 2009 did not choose to carry the matter any further in appeal. Hence there are only four appeals.

3. The legal issue is common to all these appeals though there are factual variations in each of these appeals. The common factual matrix of the appeals is thus, that each of the appellants established an educational institution within the State of Kerala and proposed to impart education in Nursing. In the background of the abovementioned proposal, each of the appellants made applications to the 3rd respondent in WA No.796 of 2010, i.e., the Indian Nursing Council (hereinafter referred to as 'the National Council'), a statutory body established under the Indian Nursing Council Act, 1947 (for short 'Central Act') which is a body corporate with perpetual succession and common seal and all other incidental powers and privileges of a body corporate.

4. On receipt of the applications, the abovementioned 3rd respondent issued proceedings purporting to permit the applicant and declaring the applicant to be suitable for conducting various courses indicated in the corresponding communication addressed to each of the writ petitioners wherein it was also indicated the intake which was permitted with reference to each of the courses (five seats for each branch of the courses). To illustrate, we may extract the relevant portion of Ext.P10 communication in WA No.796 of 2010. The relevant portion reads as follows:

"The Indian Nursing Council conducted inspection of your institution for M.Sc (N) programme on 03-04-/04/2009. The institution is permitted/Suitable for M.Sc (N) programme with an intake of 25: CHN-5, OBG-5, Paed-5, Psy- 5, MEd-surg-5 seats for 2009-10 academic year subject to the approval of State Nursing Council and University/Board. Suitability Certificate will be issued later on."

5. According to the said communication, such a communication came to be issued after an inspection conducted by the National Council. Thereafter each of the appellants herein approached the State Nursing Council known as the Kerala Nurses & Midwives Council (hereinafter referred to as the 'State Council') established under Section 3 of the Kerala Travancore Cochin Nurses and Midwives Act, Act X of 1953 (for short 'the State Act'). The said State Council by its various communications made to each of the appellants also granted approval for commencement of various courses with a specified intake as against each of the said courses. However, the intake approved by the State Council referred to above was less than the intake purported to have been approved by the National Council. In some of these cases the State Council even disapproved the commencement of the training course in some of the branches of Nursing.

6. Aggrieved by the said decision of the State Council, one of the appellants, i.e., the appellant in WA No.796 of 2010 carried the matter in appeal to the State Government invoking the authority of the State Government under Section 27 of Kerala Act X of 1953 and the State Government modified the orders of the State Council. The decision of the State Council, in so far as W.A. No.796 of 2010 is concerned, is filed as Ext.P21. The relevant portion reads as follows:

"In the above circumstances, sanction is accorded to the Principal, College of Nursing, KVM Hospital, Cherthala, Alappuzha to start M.Sc. Nursing Course in the following specialities during the academic year 2009-2010.

1. Community Health Nursing - 5 seats

2. Obstetrics & Gynaecological Nursing - 5 seats

The Management should strictly follow the guidelines of the Government, the University concerned, the Indian Nursing Council and Kerala Nurses and Midwives Council for the conduct of the course. The Principal should obtain separate o