ORDER :

1. These appeals filed by the University and the State are preferred against the interim orders passed by the learned Single Judge in the matter of dispute arising on account of non-issuance of NOC by the State and consequent non-affiliation of the Institutions which are imparting Nursing Education.

2. The writ petitioners before the Writ Court came with the grievance that the State is not granting NOC, which is an arbitrary action. The inspections are being delayed and because of such delayed inspections, the Institutions, even though they fulfill all the legal requirements for issuance of NOC, affiliation for the University are not being allowed to either increase their intake capacity of students or for starting new Nursing courses.

3. The University as well as the State were issued notices and reply was also filed. The learned Single Judge vide impugned order held that as the new session has not started, granted an interim protection which provisionally allowed the Institution to participate in the process of counseling and also directed the State to consider the issue of NOC.

4. The appeals were initially filed by the University. The interim order was passed by this Court in appeal Nos. D.B. Spl. Appl. Writ No. 174/2022, 213/2022, 215/2022, 216/2022, 217/2022. Thereafter, the appeals D.B. Spl. Appl. Writ No. 402/2022, 403/2022, 404/2022, 406/2022, 405/2022 were also filed by the State assailing correctness of the interim order passed by the learned Single Judge.

5. Learned counsel for the University would submit that irrespective of the writ petitioners’ grievance that their applications are either not being considered or inspections conducted belatedly and NOC is not being granted by the State, the fact remains that the Institutions-writ petitioners except Vinayaka Mission Medical did not submit application for grant of affiliation on or before the last date i.e. 31.05.2021. Therefore, those Institutions, which did not even prefer application for affiliation could not be granted interim relief because even their affiliation is not with the University. He would next submit that under the new scheme of law regulating grant of affiliation, unless State grants NOC, affiliation cannot be granted. It is also submitted that in any case, for one reason or the other, affiliation has not been granted, the writ petitioners are not entitled to any relief in so far as educational session 2021-2022 is concerned. Therefore, passing the interim order for provisional participation in the counseling is illegal and in excess of jurisdiction of the Writ Court.

6. Learned Additional Advocate General Mr. Shah pressing his appeals would submit that State has come out with the policy of not allowing mushroom growth of Nursing Institutions. He would submit that this policy decision taken by the State would not be taken any exception to. He would further submit that the inspections may have been carried out by the Nursing Council and submitted before the State, as long as the State remains firm on its policy not to allow mushroom growth of Nursing Institutions, no direction could be obtained against the State for issuance of NOC. He would submit that such direction given by interim relief eventually amounts to allowing the writ petition.

7. On the other hand, learned counsel appearing for the respondent-writ petitioners would submit that the State’s decision to not issue NOC is arbitrary and is violative of fundamental rights of the writ-petitioners. He would submit that the regulatory laws are already in force with regard to grant of NOC only upon satisfaction that the Institutions, which are willing to open Nursing Colleges, fulfill required standards of infrastructure, faculty and other aspects. He would submit that once the legal requirements and restrictions to regulate opening of Nursing Institutions are provided by law, by an executive fiat in the name of unclosed policy, no denial could take place. As far as University objection is conce