Guidelines of State Government has to be followed.

1. Both these writ petitions are for the same relief on similar fact, and therefore, they are disposed of by this common order. The petitioner W.P.No. 14088 of 1997, has sought for the issuance of the writ of mandamus, directing the respondents to permit the petitioners transfer from Nitte Mahalinga Adyanthaya Memorial Institute of Technology, Nitte,Karnataka to Hindusthan College of Engineering, Chennai, or to any other college at Chennai, for the third semester of B.E., degree course (Computer Engineering). In the other writ, the petitioner seeks the same relief, i.e., transfer from Golden Valley Institute of Engineering, Kolar Gold Field to any one of the colleges at Chennai, for the third semester of B.E., degree (mechanical).

2. In both these writ petitions, the petitioners contend that they are physically not well, and on the basis of the Doctors advise they have to be remain at the State of Tamil Nadu, and therefore, they wanted to continue their studies in any one of the colleges in this State. It is also their case, that the college in which they are studying and also the concerned University have given ‘No Objection Certificate’, and they also contend that since their initial selection is by the Director of Technical Education, they are entitled to get admitted in any one of the colleges in Tamil Nadu in the third semester.

3. In so far as the petitioner in W.P.No. 14088 of 1997 is concerned, the petitioner has filed in the IV Semester, and what she wanted is an admission in the III Semester. It is further alleged by the same writ petitioner, that she had applied for consent to the concerned Minister of Tamil Nadu; who has also directed the respondents to admit her in H.I.E., by way of transfer. It is her case that inspite of the orders of the Minister concerned, the Director of Technical Education is refusing to admit her on transfer.

4. The counter affidavits in both these writ petitions are similar. In the counter affidavit, it is stated that inter-State transfer can only be done, on the basis of the orders issued by the Secretary, Higher Education, State of Tamil Nadu, who alone is the competent authority. It is also contended that candidates seeking admission on transfer has to satisfy the eligibility marks prescribed by the Government of Tamil Nadu, for securing admission in B.E., Engineering course, i.e., they should have secured a minimum of 60% marks in Mathematics, 60% marks in Physics and Chemistry, put together 140 in aggregate (marks in the case of open competition), and the candidates should have passed all the examinations prescribed by the parent University for the duration of the course of study already put in and has to produce documentary evidence to that effect. It is further contended that ‘No objection certificate’ from the University to which the transfer is sought for has also to be produced, nor the petitioners had to satisfy the minimum eligibility marks prescribed by the Government for securing admission in B.E., degree course in this State. Both the petitioners will have to produce the No objection certificate from the University of Chennai, to undergo the third semester in any one of the colleges in the State of Tamil Nadu. It is further contended that the advise of the Minister can only be taken to act in accordance with Law. Even though the petitioners, on health grounds, are eligible for transfer, since they have not qualified or eligible to be transferred, as they have not satisfied the other conditions, they seek the dismissal of the writ petitions.

5. I first consider the question as to how far the Ministers advise or direction is of any legal validity. It is seen that the petitioner in W.P.No. 14088 of 1997, made a representation to the Director of Technical Education. The same was taken to the Education Minister, who passed the following order:

“DTE may permit transfer to HIE”

The complaint of the petitioner is that inspite of the orders of the concerned Minister, the a