(This writ appeal is preferred against the order of the learned single Judge dated 3.4.2006 in W.P.No.5080 of 2006.)

Common Judgment: (N. Paul Vasanthakumar, J.)

W.A.No.620 of 2006 has been directed against the order made in W.P.No.15877 of 2003. The prayer in the writ petition is to issue a writ of certiorarified mandamus calling for the records comprised in the proceedings of the first respondent University dated 18.2.2003, proceeding dated 11.4.2003 and proceeding dated 10.6.2003 and quash the same and consequently direct the first respondent to consider the grant of affiliation for the B.Sc (Nursing) Course offered by the petitioner for the academic years 2002-2003 and 2003-2004 in the light of the permission granted by the Government of Pondicherry, the recognition granted by the Indian Nursing council and the Tamil Nadu Nurses and Midwives Council etc., to enable the students to continue their course and undertake all examinations until completion of the course.

2. W.A.No.619 of 2006 has been filed against the order in W.P.No.5080 of 2006, wherein the prayer is to issue a writ of certiorari calling for the records of the first respondent comprised in proceedings dated 7.2.2006 and quash the same.

3. Both the above writ petitions along with some other connected writ petitions were disposed of by the learned single Judge by the common order dated 3.4.2006, which is under challenge in the present writ appeals.

4. The brief facts necessary for disposal of these writ appeals with reference to W.A.No.620 of 2006 are that the Appellant Trust has established various Educational Institutions in Tamil Nadu and Pondicherry i.e., two medical colleges in the Union Territory of Pondicherry and one in Salem, Tamil Nadu. To consolidate the importance of medical education, petitioner Trust wanted to start another Paramedical course, pursuant to which, R.M.college of Paramedical sciences sponsored by Al Islamic Educational Trust at Pondicherry was purchased by a deed of transfer. The said R.M.College of Paramedical Sciences was offering various paramedical courses including B.Sc (Nursing). The appellant Trust, before entering into the agreement to take over the said R.M.College of Paramedical Sciences, desired to obtain permission from the Government of Pondicherry and accordingly made a representation to respondents 2 and 3. The Government of Pondicherry by letter dated 11.6.2002 intimated that the Government had no role to play in the proposed merger of both the institutions. However, it was informed that if the merger takes place the minority status given to the R.M.College of Paramedical Science would be treated as withdrawn and the management, which takes over the said Trust should protect the interest of the students already admitted and studying in various courses and it was also requested to send documents relating to merger for record purposes.

5. The appellant, pursuant to the said letter of the Government of Pondicherry, entered into a deed of taking over, dated 26.6.2002 and took over the control of the management of R.M.College of Paramedical Sciences to impart education in various paramedical courses including B.Sc (nursing) comprising of degree, diploma and certificate courses. On 3.7.2002, the appellant wrote to the first respondent University about the said fact of obtaining permission for taking over from the Government of Pondicherry and requested to grant affiliation for various paramedical courses run by the said R.M.College of Paramedical Courses, which the petitioner Trust had taken over in the name of 'Vijayaka Mission's College of Paramedical Sciences' sponsored by the petitioner Trust. On 5.7.2002, appellant submitted representation and reiterated that permission has been obtained from the Government of Pondicherry for taking over and requested to grant affiliation for eight courses including B.Sc (Nursing). According to the appellant, several further representations were made and the management proceeded t