Almost identical contentions are raised in these two Writ Petitions. The issues which arise for consideration are also identical. Therefore they have been heard together and are being disposed of by this common judgment. I will refer to the facts in W.P.C.No.28130/2008, which has been taken as the leading case.

2. The Amala Institute of Medical Science, of which the petitioner is the Director, established a medical college after obtaining approval in that regard from the Government of India on the recommendation of the Medical Council of India in the year 2003-2004. Taking note of the said approval as well, the respondent University granted affiliation for the year 2003-2004 as per Ext.P1 order. The affiliation granted in Ext.P1 was made subject to certain conditions. The relevant portion of Ext.P1 reads as follows :-

" The affiliation granted is purely provisional for the year 2003-04 and the college has to apply for continuation of provisional affiliation for the ensuing years after remitting the required fees.

Selection and admission of students shall be made from the list published by the Entrance Commissioner as per the rules and norms framed by the University, Government and the MCI from time to time failing which, the affiliation granted will automatically be cancelled. "

3. The provisional affiliation granted in this behalf was extended for the period 2004-2005 (Ext.P2) and 2005-2006 (Ext.P3).

4. Beforecommencement of the academic year 2006-2007, the petitioner made an application for affiliation and by Ext.P4 order dated 9.2007 sanction was accorded by the Vice Chancellor of the University for continuation of provisional affiliation to MBBS course in Amala Institute of Medical Science with an intake of 100 students. It was further directed that the affiliation granted was strictly provisional and only for the academic year 2006-2007 and the college has to apply for continuation of affiliation for the ensuing years remitting the fee fixed by the University from time to time along with a copy of the approval order from the Medical Council.

5. TheMedical Council of India granted approval for the college 2007-2008 as evidenced by Ext.P5 and the petitioner sought for extension of the University affiliation. By Ext.P6 letter the University sought for details of the admission of students effected during 2007-2008. By Ext.P7 the petitioner gave a reply stating that the details called for in Ext.P6 had nothing to do with the extension of affiliation. The petitioner sent Ext.P8 letter dated 22.2008 as a reminder to the application for extension of affiliation for the year 2007-2008. Reference is made to. Ext.P9 Circular issued by the University addressed to the Principals of all affiliated colleges requiring them to forward copies of provisional affiliation for the concerned year along with applications for presenting students for examination from March, 2008 onwards. Liberty was given in this regard to colleges which were yet to apply for continuation of affiliation up to 2007-2008.

.6. The petitioner applied or extension of affiliation on 3.2008 for 2008-2009. The requisite fee was remitted. By Ext.P11 order the Government of India extended approval for the year 2008-2009. Orders are yet to be passed on the application for extension of affiliation for 2007-2008 and 20082009. In the meanwhile, certain changes took place as regards the mode of admission adopted by the self financing colleges in the State. Some of the self financing colleges in the State entered into an agreement with the Government for sharing of seats. The petitioners in these two Writ Petitions did not follow suit. They proceeded to effect admissions by adopting the marks obtained by the students in the entrance test conducted by the Commissioner of Entrance Examinations and the marks obtained by the students in the qualifying examination for the core subjects as the basis. It may have to be mentioned here that certain disputes arose as regards the