In the instant issue exercise of promissory estoppel applies.

SHIVARAJ V. PATIL, J.

In all these writ petitions except in W. P. Nos. 7594/97 and 8010/97, the petitioners have challenged the G. O. Ms. No. 245 Higher Education (E1) Department dated 7-5-1997, and have sought for quashing the same. W. P. No. 7594/97 is filed by the Association of Managements of Private Colleges praying to issue a writ of certiorari to quash the proceedings No. Na. Ka. 76222/R4/96 dated 9-4-1997 issued by the Director of Collegiate Education-respondent No. 2 in the said writ petition. W. P. No. 8010/97 is filed by Madurai Kamaraj and Manonmaniyam Sundaranar University Teachers' Association seeking a writ of Mandamus directing the State Government to extend the said G. O. Ms. No. 245 dated 7-5-1997 to all the educational institutions in Tamil Nadu whether aided or unaided self-financing colleges, in conformity with Unnikrishnan's case, viz.,

"Unnikrishnan J. P. v. State of Andhra Pradesh. This writ petition was brought before us at the request of the learned counsel for the petitioner when arguments in the batch of writ petitions challenging the said G. O. were going on.

2. Since the facts are not in dispute and they are also not debated before us, except relating to the allegation that the unaided private self financing institutions committed irregularities in admitting the students to the extent of 50% of the seats based on the rule of reservation, we think it is not necessary to state the facts pleaded by each one of the writ petitioners separately. Having regard to the nature of controvesy raised in these writ petitions, we think it is enough to state briefly the facts which are considered necessary and relevant for the purpose of disposal of these writ petitions based on the statements made in the affidavits filed by the petitioners in support of their respective writ petitions, summarising them.

3. It appears prior to 1976 there were only two types of colleges, viz., Government and private colleges. All the private colleges were getting aid as per the Grant in Aid code. The Tamil Nadu Private Colleges (Regulation) Act, 1976 (for short, 'the Act') was enacted in 1976. As per S. 2(8) "private college" means a college maintained by an educational agency and approved by, or affiliated to, a university but does not include a college-

(a) established or administered or maintained by the Central Government or the Government or any local authority or any university; or

(b) giving, providing or imparting religious instruction alone, but not any other instructions.

4. The Act made a further distinction as to a minority college. Section 3 of the Act states that save as otherwise expressly provided in the Act, no person shall establish any private college without the permission of the Government and except in accordance with the terms and conditions specified in such permission. Further it shall be also necessary to obtain affiliation of such college to University. Section 4 provides for making an application seeking permission to start a college by educational agency. Under S. 5 the Government may grant or refuse permission after considering the particulars for grant of permission and after giving opportunity to the applicant of making representation.

5. In this background the State Government issued G. O. Ms. No. 858 Education dated 15-7-1989 prescribing the procedure for giving permission for opening of unaided private Arts and Science Colleges. Before issuing of the said Government Order, admission to the private colleges, which were mostly aided colleges, was by the principles strictly applying the rule of reservation, and the admission of students was considered as a matter of internal administration in which even the Secretaries of the colleges could not interfere. Under R. 9(5) of the Tamil Nadu Private Colleges (Regulation) Rules, (hereinafter referred to as 'the Rules'), it was the exclusive responsibility of the principals concerned. The only condition in respect of admission laid down in G. O. Ms. N