Introductory:

1. Whether the State Government is bound to give No Objection to establish a College not withstanding the non-possession of land as per University Grants Commission norms is the core issue that arises for consideration in this writ petition.

Facts in nutshell

2. The writ petition is directed against the order dated 8 March 2013 rejecting the application for issuance of No Objection Certificate (hereinafter referred to as "NCOC") to start a College on the ground of non possession of required land as per the norms prescribed by the University Grants Commission (hereinafter referred to as "UGC").

3. The petitioner is an Educational Trust. The Trust resolved to establish an "Arts and Science College" at Pondicherry. The Trust took 4 acres of land in R.S.No.90/2 and 2 acres of in R.S.No.74/4, situated at Thirubuvanai, Pondicherry from Thenkalai Sri Varadaraja Perumal Devasthanam, Thirubuvanai by way of an unregistered lease dated 27 December 2012 for a period of 99 years. The education department verified the documents produced by the petitioner and having found that the Trust was not in possession of 5 acres of land by way of a registered sale deed as per UGC