Is the respondent University is supposed to act just as a ‘Rubber Stamp’ in the matter of granting affiliation to Institutions invoking the power under Sections 50/53 of the Kerala University of Health Sciences Act, 2010 (hereinafter referred to as University Act), once approval is granted in respect of the courses and infrastructure by the Indian Nursing Council (INC) and Kerala Nurses and Midwives Council (KNMC), forms the point to be considered.

2. The factual position as narrated in the W.P.(C) 24933 of 2011 is that the petitioner, who is a Self Financing Institution was running B.Sc Nursing Programme right from the year 2003 and was granted Ext.P1 sanction by the Indian Nursing Council for conducting M.Sc Nursing Programme in three different faculties such as Medical Surgical Nursing, Psychiatric Nursing and Pediatric Nursing with an intake of four students each. Subsequently, the State Council constituted under the Kerala Travancore Cochin Nurses and Midwives Act, granted Ext.P2 permission to conduct the P.G. Course only in two disciplines, i.e. Medical Surgical Nursing and Psychiatric Nursing with an intake of four students each. The applications preferred by the petitioner before the respondent University to grant affiliation in terms of the sanction, as given above, was rejected in respect of the Psychiatric Nursing (M.Sc Mental Health Nursing), while in respect of the M.Sc Medical Surgical Nursing, some defects were pointed out, asking the petitioner to have it cured and report compliance, which in turn is under challenge.

3. In W.P.(C) No.26443 of 2011, the petitioner was given permission for Post Basic B.Sc Nursing Programme with enhanced capacity to have an intake of 50 students as per Ext.P1 order dated 21.04.2010 subject to the approval of the State Nursing Council and the University/Board for 2010-11. Pursuant to further steps, the University passed Ext.P4 provisional order of affiliation dated 04.08.2011 to have the course with an annual intake of 30 students subject to the conditions stipulated therein. Subsequently, the petitioner obtained Ext.P2 sanction dated 31.08.2011 issued by the State Council permitting to have an intake of 50 students for the Academic year 2011-12, which made the petitioner to apply for such enhancement before the University in the matter of affiliation as well, as per Ext.P5, which however was declined as per Ext.P6 dated 03.09.2011, confirming Ext.P4 and informing that the request could be considered only in respect of the Academic year 2012-13, if applied in the prescribed format and on satisfaction of the norms stipulated. The petitioner is before this Court seeking for affiliation for the entire enhanced intake of 50 students for the year 2011-2012 itself.

4. The crux of the contentions raised by both the petitioners is that, the petitioners having been given necessary sanction/approval by the Central Authority, ie. Indian Nursing Council under the Central Act and also by the State Authority, ie., Kerala Nurses and Midwives Council, constituted under the State Act, the University is bound to grant affiliation in tune with the orders passed by the Indian Nursing Council and Kerala Nurses and Midwives Council respectively. It is also contended that the University does not have any power or authority to decline affiliation in respect of any course sanctioned as above or reduce the intake by stipulating some or other norms of their choice. Reliance is sought to be placed mainly on two decisions rendered by a Full Bench of this Court in 2008 (2) KLT 1027 (FB) (Vikram Sarabhai E. Trust & B.Ed College v. University of Calicut) and 2010 (3) KLT 367 (FB) (Velayudhan Memorial Trust v. State of Kerala).

5. The respondent University has filed a statement in the former case seeking to controvert the statement of allegations raised in the writ petition and also producing copies of the relevant documents marked as ‘Exts. R1(a) to R1(c)’. It is pointed out that the affiliation to be