The requirement of an Essentiality Certificate for additional nursing intake is consistent with prevailing regulations.

COMMON ORDER

These two writ petitions filed challenging the impugned order dated

28.01.2026, insofar as it relates to the enhancement of seats in respect of B.Sc., Nursing Degree and the M.Sc., Nursing Degree courses, and to quash the same and to consequentially direct the respondents to give permission to the additional intake in the B.Sc., Nursing Degree course, from 60 to 100 and also for the new course M.Sc., Nursing with an annual intake of 25 seats.

2. Upon hearing the Learned Counsel for the petitioner and perusing the material records of the writ petitions, the grievance of the writ petitioner is that, when the petitioner has duly applied for additional intake of seats in the B.Sc., Nursing course and also for commencing a new M.Sc., Nursing course, the impugned order is passed whereby the Essentiality Certificate is now insisted upon in respect of these courses. As far as the petitioner institution is concerned, already at the time of start of the institution, Essentiality Certificate is already granted and there is no any expiry date for the same and so long as the Essentiality continues, a fresh Essentiality Certificate for the additional intake as well as for the additional course is need not be insisted upon.

3. The Learned Counsel for the petitioner would also rely upon the judgment of the Division Bench in W.A.No.3534 of 2019 , more specifically paragraph 11 of the said judgment, which is extracted hereunder:

11. The learned Judge in Para 12 of the impugned order, which is the subject matter of challenge in this writ appeal, had observed that though the State Government power is restrictive, it does not mean that it is without any power and also placed heavy reliance upon the order dated 11.10.2012 made in W.P.No.18157 of 2012 (cited supra) and it was not brought to the knowledge of the learned Judge that the said order dated 11.10.2012 passed in W.P.No.18157 of 2012 was put to challenge in W.A.No.2548 of 2012 . The Division Bench of this Court, vide judgment dated 18.01.2013 made in W.A.No.2548 of 2012 reported in2013 SCC Online Mad 224 : (2013) 1 CWC

593, in paragraph No.12 and 14 observed as follows:

12. A comprehensive reading of both the above provisions, would make it clear that no power has been vested with the Board of Governors to make the applicant to get fresh Essentiality Certificate from the State Government since no expiry date of such Essentiality Certificate once issued by the State Government has been contemplated anywhere in the Act and in the Regulations. While that being the case that the Legislature, in its wisdom, has not imposed any such burden on the applicant, the decision of the Board of Governors as if the Essentiality Certificate issued by the State Government will expire in three years, is, definitely, out of its power and competence.

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14. However, if the respondent wants to fix a time limit to the essentiality certificate issued by the State Government, it should have recommended to the Government to amend the law accordingly, specifying the period of life of essentiality certificate issued by a State Government to a person/College to establish or increase the intake of the students in the medical college. In the absence of such an action, the respondent, on its own cannot insist the applicant, in the case on hand the appellant, to get a fresh essentiality certificate from the State Government as if its life is limited only to three years.

4. Per contra, the Learned Counsel appearing on behalf of the University submits that the judgment of the Division Bench is based on the fact that there was no express Regulation or Rule by the Council in insisting upon the Essentiality Certificate. The same was insisted by the Unive