Mr. S.S. Saron, J.: - This order will dispose of LPA No. 1729 of 2015 titled ‘Aarti and others versus Pt. B.D. Sharma University of Health Sciences, Rohtak and others’ and LPA No. 1166 of 2015 titled ‘Aarti and others versus State of Haryana and others’.

2. LPA No. 1729 of 2015 has been filed by appellants-Aarti and others against the order dated 29.07.2015 passed by the learned Single Judge in CWP No. 26472 of 2014 whereby the petition filed by the Rural Nursing Training Institute, Sonepat (‘Institute’ - for short) (respondent No. 5 in both the appeals) seeking quashing of the order dated 28.11.2014 by which Pt. B.D. Sharma University of Health Sciences, Rohtak (‘Pt. B.D. Sharma University’ - for short) (respondent No. 2) declined the request of respondent No. 5-Institute for extension in provisional affiliation for B.Sc. Nursing and Post Basic B.Sc. Nursing Courses being run by the said Institute, has been dismissed.

3. LPA No. 1166 of 2015 has also been filed by appellants-Aarti and others against the order dated 04.08.2015 passed by the learned Single Judge in CWP No.15937 of 2015 whereby the petition filed by the said appellants to permit them to appear in the examination of B.Sc. Nursing 1st year and Post Basic B.Sc. Nursing 1st year that was scheduled to be held from 05.08.2015, has been dismissed. The dismissal of the said writ petition vide order dated 04.08.2015 is in consequence of the order dated 28.11.2014, passed in CWP No. 26472 of 2014, which has been assailed in LPA No. 1729 of 2015. Therefore, both the appeals are being disposed of by a common order. The facts, however, are taken primarily from LPA No. 1729 of 2015.

4. Respondent No. 5-Institute is a Nursing Institute which conducts courses in B.Sc. Nursing and Post Basic B.Sc. Nursing with thirty seats and twenty seats, respectively, for the said courses. It was set up by the Rural Institute of Health and Para Medical Science in the year 2013. The Institute commenced its courses in B.Sc. Nursing and Post Basic B.Sc. Nursing from the session 2013-14 onwards. Apart from said courses, it also imparts education in General Nursing Midwifery (‘GNM’ - for short) for forty seats and Auxiliary Nursing Midwifery (‘ANM’ - for short) for thirty seats. The Indian Nursing Council (‘Nursing Council’ - for short) (respondent No. 4) accorded necessary recognition to respondent No. 5- Institute for B.Sc. Nursing and Post Basic B.Sc. Nursing Courses for the session 2014-15. The Haryana State Nurses Registration Council (‘Haryana Council’ - for short) (respondent No. 3) also accorded approval to respondent No. 5-Institute vide order dated 22.09.2014, for the session 2014-15. Respondent No. 5-Institute, however, did not possess approval/ affiliation of the Pt. B.D. Sharma University for the session 2014-15 although it had necessary approval of the Nursing Council and Haryana Council, respectively. Therefore, the action of Pt. B.D. Sharma University of not granting affiliation to respondent No. 5-Institute was assailed by the latter by way of a writ petition i.e. CWP No. 26472 of 2014 in this Court, which as already noticed was dismissed and the order dismissing the writ petition is under challenge in the present appeal.

5. The question regarding affiliation by a University after approval had been given to run a Nursing Institute by the Nursing Council was considered by a Division Bench of this Court in Shiv Shakti Educational Society (Regd.) v. State of Punjab and others, 2008 (1) SCT 691. The following questions were considered by the Division Bench:

(i) Whether approval of the INC (Indian Nursing Council) was required for making admissions?

(ii) Whether the University could decline affiliation after approval has been granted by the INC?

(iii) Whether the State Government or the State Nursing Council could allow admissions to be made for B.Sc Nursing Course in absence of t