No institution can claim affiliation as a matter of right.

The Honourable Chief Justice:

This writ appeal has been filed against the impugned order of the learned single Judge dated 19.4.2005 passed in W.P.M.P.No.13249 of 2005 in W.P.No.12124 of 2005.

2. Heard the learned counsel for the parties.

3. With the consent of parties, we are disposing off the writ appeal finally.

4. The facts of the case are that respondent no.1 (writ petitioner) is a trust which has set up an Institution known as "Our Lady College of Education" at Chennai for imparting B.Ed course of education. The writ petitioner has alleged that the National Council for Technical Education (in short 'NCTE') having been satisfied with the requirements and other facilities and amenities as provided by the petitioner, has granted approval of the petitioner's institution by order dated 2.11.2004 for a sanctioned strength of 100 seats for the academic year 2004-2005 under the NCTE Act. The duration of B.Ed. course is one year. The writ petitioner having got approval from the NCTE applied for affiliation with the Madras University (appellant herein) on 03.11.2004. Since it is alleged that the Madras University did not take action on this application, the writ petitioner filed W.P.No.32514 of 2004 in this Court seeking a Mandamus to direct the University to grant affiliation. On this petition, this Court by interim order dated 9.11.2004 directed : -

"Without losing further time, the respondent is directed to inspect and report the same to the Court within a period of two weeks from to-day. Notice"

The aforesaid writ petition is still pending.

5. It is alleged that instead of implementing the aforesaid interim order dated 9.11.2004, the University issued an order dated 22.11.2004 directing the writ petitioner Institution to obtain No Objection Certificate from the Government of Tamil Nadu, so as to enable the University to take further action in the matter of granting affiliation, and it further directed not to conduct classes without Provisional affiliation. The petitioner challenged the said order dated 22.11.2004 in W.P.No. 34823 of 2004, and the same was allowed on 6.12.2004.

6. The learned single Judge, who allowed the aforesaid writ petition, observed in his judgment that the impugned order of the University insisting prior permission of the State Government for grant of affiliation cannot be sustained and he set aside the same. The learned single Judge further directed the respondent therein to consider the application of the petitioner for grant of affiliation for B.Ed. Degree Course for the academic year 2004-2005 without reference to the prior permission from the State Government, but of course subject to compliance of the conditions for grant of affiliation.

7. In the meantime, the writ petitioner admitted students and conducted classes allegedly to fullfil the requisite number of attendance prescribed by the University. It is alleged that the students of the writ petitioner's institution have completed necessary training/coaching classes and are fully equipped to appear for the examination scheduled to be held on 20.04.2005.

8. Thereafter, it is alleged in paragraph-7 of the writ petitioner's affidavit that the institution of the petitioner was inspected by a Committee on 9.3.2005, but it is alleged that neither the copy of the report was furnished nor did the University seek any clarification from the petitioner till date. The request of the writ petitioner Institution to permit the student to sit for the examination to be held on 20.04.2005 was not considered. It is alleged that the University has granted affiliation to other Institutions, which were granted approval in November 2004, and permitted students of those institutions to sit for the examination scheduled to be held on 20.04.2005.

9. A counter affidavit has been filed in the writ petition by the University, and we have perused the same.

10. In paragraph-5 of the counter affidavit it is alleged that against the judgment of the learned single Judge dated