Order:

Heard both sides. The petitioner is an Institute for Nursing Education represented by its Chairman. The petitioner has filed the present writ petition, challenging an order of the first respondent, i.e. The Tamil Nadu Dr. M.G.R. Medical University, dated 18. 2009 and after setting aside the same, seeks for the grant of affiliation to the petitioner institution for conducting Post Basic B.Sc.(Nursing) for the academic year 2009-2010 without insisting for prior permission from the State Government.

2. By the impugned order, the petitioner institution was informed by the first respondent that in terms of the Affiliation of Nursing Colleges for Trained Nurses Statutes of the first respondent University, prior permission of the State Government is mandatory to start B.Sc.(Nursing) course for Trained Nurses Degree course. Therefore, the petitioner was directed to approach the State Government for getting prior permission.

3. It is the case of the petitioner that the State Government had granted permission for starting the Nursing College. Based on that, the Indian Nursing Council, New Delhi (second respondent), by an order, dated 30.5.2008 granted permission. The first