IMPORTANT POINTS
Subject to the provisions of the Constitution, the executive power of a State extends to the matters with respect to which the legislature of the State has power to make laws. This is what is provided in Article 162 of the Constitution. In other words, the executive power of the State executive is coextensive with that of the State Legislature.

JUDGMENT :

S.Manikumar, J.

W.A.Nos.1312 and 1384 of 2019 arise out of a common order made in W.P.(C) No.39605 of 2018 and W.P.(C) No.16768 of 2015 dated 8.3.2019. In W.P.(C) No.39605 of 2018, Bahuleyan Charitable Foundation has sought for a writ, order or direction commanding to quash Exhibit-P9 communication to the extent it requires issuance of essentiality certificate from the Government. The petitioner therein has sought for a writ of mandamus directing Kerala University of Health Sciences ('University' for short) to issue affiliation to the petitioner's college for MPT (Neurology) course, as sought for in Exhibit-P2, for the academic year 2018-2019. The petitioner has also sought for a direction declaring that the insistence of essentiality certificate by the University in order to obtain affiliation for the new course as unconstitutional.

2. In W.P.(C) No.16768 of 2015, Bahuleyan Charitable Foundation has sought for a writ of mandamus directing the University, represented by the Registrar, to grant affiliation to the petitioner's college for MPT (Musculoskeletal and Sports). The petitioner therein has also sought for a writ of mandamus directing the State of Kerala, represented by the Secretary to the Government, Department of Health and Family Welfare, Thiruvananthapuram (respondent No.2 therein) to issue No Objection Certificate for Post Graduate course as requested through Exhibits-P2, P4 and P11. The prayers sought for in the above writ petitions were opposed by Government of Kerala, respondent No.2, by filing a common counter affidavit.

3. As both the writ petitions relate to a common cause of obtaining permission from the Government, to start Paramedical Courses in the State of Kerala, based on the recommendation of the Paramedical Council, Kerala, they were taken up together and adverting to the pleadings and submissions, by a common order dated 8.3.2019, a learned single Judge of this court, dismissed the writ petitions and at paragraph Nos.5-8 held thus:

“5. There are no statutory regulations regulating qualification of Paramedical Technicians and also for registration of institutions imparting Paramedical courses. The State's power to legislate cannot be disputed in the light of Entry 25 in List III of Schedule 7 of the Constitution of India. It was also seen that the State made an attempt to bring a Legislation on the subject as early as in the year 2007. However, the bill lapsed. As seen from Government Order, G.O. (MS).No.73/2002/H&FWD, dated 21.3.2002, the Government constituted a Paramedical Council. The Council consists of Chairman and the members, who are Government officials. As seen from the above order, G.O.(MS).No.73/2002/H&FWD, Paramedical Council is the authority to recommend for issuance of Letter of Permission by the Government for Paramedical courses. It also refers prescription of fees for considering the applications for recognition. The Government by another order, G.O. (Rt).No.1595/2008/H&FWD, dated 30.4.2008, streamlined procedure for submitting application for Paramedical courses. Therefore, it is clear that without recommendation of Paramedical Council, the Government cannot issue Letter of Permission.

6. The University cannot grant affiliation without Letter of Permission issued by the Government on recommendation of the Paramedical Council. In such circumstances, I am of the view that the petitioners cannot admit students without Letter of Permission by the Government. The admission of the students into the course is irregular. The Government will have to consider regularization of admissions. It is open for the Government to impose fine and regularize admission.

7. The request of the petitioner in W.P.(C).No.39605 of 2018 for increasing intake was rejected. The petitioner also challenges rejection. However, the petitioner admitted students without Letter of Permission and without permis