1. Being aggrieved by the order of the Registrar, Anna University of Technology, Madurai, third respondent herein, dated 20.08.2011, refusing to grant affiliation, Dhaya College of Engineering, Madurai, has filed the present writ petition.

2. According to the petitioner, M.K.Alagiri Educational Trust has established the college. When the trust approached the All India Council for Technical Education (in short "AICTE"), for approval, the Expert Committee, after inspection on 18.05.2011, directed the college to pay a sum of Rs.35,000/-towards security deposit and having satisfied with the infrastructural facilities, construction of building and other statutory requirements, AICTE, New Delhi, has granted approval on 14.06.2011, for starting an Engineering College and notified in the Official Gazette of AICTE, that the petitioner-College is an approved college, for the academic year 2011-12. Thereafter, the petitioner college approached Anna University, Madurai, third respondent herein, for affiliation. In furtherance of the request, a Committee was constituted by Anna University, Madurai, third respondent, and after inspection on 21.07.2011, the College was communicated with the proceedings, dated 22.07.2011, pointing out, three deficiencies, which are as follows:

(i) There is a shortage of 175 library books in Science and Humanities.

(ii) Location of the cafeteria is by the side of the class rooms which may create noise in managing the process.

(iii) Transport facility is not available.

3. Thepetitioner has further submitted that the abovesaid defects were rectified and duly communicated to the University on 25.07.2011. As the counselling for admission to engineering courses, was scheduled to be closed on 08.08.2011, W.P.(MD)No.8354 of 2011, was filed for a Mandamus, to the third respondent-Anna University, Madurai, to affiliate the petitioners college for the academic year 2011-12. Consequently, directing to the respondents, to permit the petitioner college to admit the students, both under the counseling, as well as against management seats, commencing from the year 2011-12, was also sought for. By order, dated 01.08.2011, a direction was issued to Anna University of Technology, Madurai, the third respondent herein, to consider the reply of the petitioner, dated 25.07.2011 and grant affiliation to the educational institution, if the deficiencies are rectified and to take part in the counselling.

4. Being aggrieved by the same, the University has preferred an appeal in W.A.(MD)No.740 of 2011. After considering the decisions of the Supreme Court in Dr.PreethiSrivastava v. State of M.P., reported in AIR 1999 SC 2984 : 1999 (7) SCC 120, Visveswaraya Technological University v. Krishnendu Halder reported in 2011 (4) MLJ 878, Rukmani College of Education v. the State of Tamil Nadu reported in 2008 (1) CTC 545, Self-Financing Private Teacher Training Institutes Assn., v. State of Tamil Nadu reported in 2011 (5) MLJ 605 and BhartiaEducation Society and Another v. State of Himachal Pradesh reported in 2011 (3) Scale 48 and the rival submissions of the parties in the appeal, the Division Bench of this Court, by order, dated 09.08.2011, at Paragraphs 9 to 12, held as follows:

"9. In such view of the matter, since the Full Bench has, in categoric terms, held that the grant of approval is not a matter of course and the same has to be considered only in accordance with the statutes of the University concerned, no one can direct the University to act against its own statutes. The contention of the learned Additional Advocate General that the first respondent college has not obtained necessary permission from the competent authority for conversion of lands to put up construction for the college can, at the most, be attempted to be found out from the college through the records by the appellant - University and if it is found out that such permission for conversion of the land has not been obtained, the appellant - University can