In these writ petitions the petitioners are mainly seeking for issuance of a writ of mandamus directing the respondent University to grant affiliation as sought by the respective petitioners. In W.P.(C) No.23505/2010, the affiliation is sought for the intake of 75 students for the B.Sc. Nursing Programme for the academic year 2010-2011. In W.P.(C) Nos. 27196/2010 and 27535/2010 affiliation is sought for the post basic B.Sc. Nursing Programme for the academic year 2010-2011.

2. The common respondent in these writ petitions is the Kerala University for Health and Allied Sciences, which was established as per the Kerala University of Health and Allied Sciences Ordinance, 2009 (25/2009). This was established for the purpose of ensuring proper and systematic instruction, teaching, training and research exclusively in Modern Medicine, Homoeopathy and Indian systems of Medicines including Ayurveda, Sidha, Yoga, Unani and allied sciences in the State of Kerala and to have uniformity in the various academic programmes in Medical and allied subjects in the State. The necessary facts for the disposal of the writ petitions are the following:

3. In W.P.(C) No.23505/2010, the petitioner is the Principal of Upasana College of Nursing. The Nursing Council of India and the State Nursing Council have granted initial permission for imparting the B.Sc. Nursing Programme with an intake of 50 students in the year 2005 which was enhanced to 60 in the year 2008. Again in the year 2009 application was given for further enhancing the intake to 75. Ext.P1 is the proceedings evidencing approval granted by the Nursing Council of India for the increased intake of 75 seats. Similar is the proceedings Ext.P2 issued by the State Nursing Council for enhancing the annual intake by 75 students. According to the petitioner, it was granted after an inspection. Ext.P2 is dated 16/7/2010. Thereafter the petitioner approached the University by forwarding Ext.P3 application for grant of affiliation for the intake of 75 students, through E-Mail. On contacting further, the Registrar of the University informed orally that the application for the academic year 2010-2011 is not being entertained by the University. It is the contention of the petitioner that as far as the Nursing programme is concerned, the facilities of the institution are evaluated by the Nursing Council of India and further by the State Nursing Council, especially with regard to the availability of infrastructural and instructional facilities. It is therefore pointed out that the University cannot go behind these proceedings and grant of affiliation is automatic. It is thus pointed out that they cannot refuse to accept the application for affiliation and process the same for the present year, viz. 2010-2011. It is pointed out that in the light of the Ordinance, the former Universities are statutorily barred from considering the application for affiliation for medical and para medical courses.

4. In W.P.(C) No.27196/2010, the petitioner was given approval and permission for imparting the post basic B.Sc. Nursing Programme and thereafter he approached the University for grant of affiliation through e-mail, as per Ext.P4. Exts.P1 to P3 are respectively, the NOC granted by the State Government, permission granted by the Central Nursing Council for commencing the programme with intake of 30 students and the permission granted by the State Nursing Council for starting the course during the year 2010-2011 with an intake of 30 students. Similar pleas have been raised in this writ petition also.

5. In W.P.(C) No.27535/2010, affiliation is sought for the post basic B.Sc. Nursing Course for which also the Nursing Council of India has granted approval as per Ext.P10 which is followed by Ext.P11 permission granted by the State Nursing Council. Ext.P12 is the copy of the application submitted by the petitioner for affiliation and Ext.P13 is the reply given by the University stating that the application can b