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10. Learned Counsel for the University submitted that there being deficiencies in the infrastructure of the petitioner-institution, the University was justified in not giving affiliation and permission to make admissions could not be given. Approval by the INC did not compel the University to give affiliation. He also submitted that permission for making admissions given to institutions covered by Annexure P.11 was illegal in absence of approval of the INC or affiliation by the University. It was submitted that State Nursing Council could deal only with the issues of registration or grant of diplomas and not the grant of degree for which the University was the exclusive authority. The INC itself had laid down that affiliation by the University was necessary. It was submitted that the INC having been established under the Central Act, the field being occupied by the Central legislation, the State Act could not prevail but the University being governed by the UGC Act, had autonomy in the matter of affiliation, which was independent of recognition or right to establish an educational institution. Reference was made to the judgments of the Hon'ble Supreme Court in State of T.N. v. Adhiyaman Educational and Research Institute , Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamigal Medical Educational and Charitable Trust v. State of T.N. , Unni Krishnan, J.P. v. State of A.P. and P. A. Inamdar v. State of Maharashtra , Ahmedabad St. Xavier College Society v. State of Gujarat , State of T.N. v. S.V. Bratheep , Bharathidasan unviersity and another v. All India Council for Technical Education and Ors. AIR 2001 SC 2861, Jaya Gokul Educational Trust v. Commr. and Secy. to Govt. Higher Education Deptt. and Andhra Pradesh Christians Medical Educational Society v. Govt. of Andhra Pradesh . It was submitted that the University had its own autonomy in the matter of affiliation and could have its own inspection as per INC norms and was not bound by the inspection conducted by the INC. It was submitted that there was conflict of judgments of the Hon'ble Supreme Court in Thirumuruga, Adhiyaman, Jaya Gokul on the one hand and Bharathidasan and S.V. Bratheep on the other, on the issue of autonomy of the University, vis-a-vis jurisdiction of a Central regulatory authority and the judgments of the Hon'ble Supreme Court in Bharathidasan and S.V. Bratheep (supra) still hold the field. Learned Counsel submitted that as per the scheme of the Central Act, read with regulations framed, No Objection/Essentiality Certificate was required from the State Government. Inspection was to be carried out by the INC for giving permission to start the programme. Thereafter, approval of the University was required and only then, admissions could be made. All the three requirements were independent and mandatory. The right of the University to grant or decline affiliation was not dependent on the decision of INC, as parameters to be applied by the University were not controlled by the Central Act and even higher standards could be laid down. There was system of checks and balances and grant of clearance by the INC did not bind the University. The University came into picture after the INC had cleared an institution. If affiliation was declined by the University arbitrarily, only remedy of affected party was to challenge the same in Court.

(h) prescribing the conditions for admission to courses of training as aforesaid;

(i) prescribing the standards of examination and other requirements to be satisfied to secure for qualifications recognised under this Act;

(j) xx xx xxxx xx Annexure R4/1 (Colly) are documents laying down eligibility criteria for Nursing Teaching Faculty, Syllabus and regulations, loan for buildings, laboratories, staffing pattern. Annexure R4/2 are the regulations framed under Section 16 of the Act, forwarded vide letter dated 22.8.2006, laying down syllabus and requirements of infrastructure. It provides that any institution wishing to open a college of nursing was required to obtain NOC/Essentiality Certificate from the State Government, inspection by the INC to assess suitability of infrastructure and faculty and grant of permission for starting the Nursing programme. It also requires obtaining of approval from the State Nursing Council and Examination Board/University. It further provides that an institution will admit students only after approval from the State Nursing Council and the Examination Board/University. Detailed provisions for land or hostel, teaching faculty etc. have been made. The relevant extract from Regulation is as under:

Revised Guidelines for School of Nursing and College of Nursing.
Any organization under the Central Government, State Government, Local Body or a Private or Public Trust, Mission, Voluntary registered under Society Registration Act or a Company registered under company's Act wishes to open a School/College of Nursing, should obtain the No Objection/Essentiality Certificate from the State government.
The Indian Nursing Council on receipt of the proposal from the Institution to start nursing program (School/College), will undertake the first inspection to assess suitability with regard to physical infrastructure, clinical facility and teaching faculty in order to give permission to start the programme.
34. It is no doubt true that in the scheme that has been prescribed under the Regulations relating to establishment of new medical colleges one of the conditions for the qualifying criteria laid down is that essentiality certificate regarding desirability and feasibility of having the proposed college at the proposed location should be obtained from the State Government. The said condition about obtaining an essentiality certificate from the State Government regarding desirability and feasibility of having the proposed college at the proposed location cannot be equated with obtaining prior permission of the State Government for establishing a new medical college as required under the proviso to Section 5(5) of the Medical University Act. For the purpose of granting the essentiality certificate as required under the qualifying criteria prescribed under the scheme, the State Government is only required to consider the desirability and feasibility of having the proposed medical college at the proposed location. The essentiality certificate cannot be withheld by the State Government on any policy consideration because the policy in the matter of establishment of a new medical college now rests with the Central Government alone.