The petitioner has filed this writ petition, seeking to quash the order of 3rd Respondent in MSU/CD/Fresh Affil/2014 dated 04.08.2014, in and by which the petitioner was directed to get the Government order for establishment of new college. The petitioner also sought a direction to the 3rd respondent university to consider and pass orders forthwith on the petitioners application dated 30.10.2013 for the grant of affiliation to the petitioner Arts & Science College Viz.', Dr. Noble Christian College of Arts & Science including the final reminder dated 23.05.2015.

2. The contention of the petitioner is that there is no requirement for the petitioner Trust to obtain any prior permission for establishing a new college in terms of the Tamil Nadu Private Colleges (Regulations) Act, 1976 (in short ''the Regulations, 1976''). For the sake of convenience, Sections 5 and 8 of the Regulations, 1976 and Section 10 of the National Commission for Minority Educational Institutions Act, 2004 (hereinafter referred to as ''the Act'') are extracted below:

"5. Grant of permission - (1) On receipt of an application under sub-section (1) of section 4, the Government -

(a) may, after considering the particulars contained in such application, grant or refuse to grant the permission; and

(b) shall communicate their decision to the applicant within such period as may be prescribed:

Provided that the permission shall not be refused under this section unless the applicant has been given an opportunity of making his representations:

Provided further that in case of refusal of the permission the applicant shall be entitled to the refund of one- half of the amount of the fee accompanying the application.

(2) The decision of the Government under clause (a) of sub-section (1) shall be final.

(3) No university shall grant affiliation to any private college unless permission has been granted by the Government under sub-section (1).''

8. Minority college to be established without permission - Any minority, whether based on religion or language, may establish and administer any private college without permission under sub-section (1) of section 5 read with sections 3 and 4.''

Section 10 of the National Commission for Minority Educational Institutions Act, 2004:

"10. Right to establish a Minority Educational Institution.

(1) Subject to the provisions contained in any other law for the time being in force, any person, who desires to establish a Minority Educational Institution may apply to the competent authority for the grant of no objection certificate for the said purpose.''

(2) The Competent authority shall,

(a) on perusal of documents, affidavits or other evidence, if any; and

(b) after giving an opportunity of being heard to the applicant, decide every application filed under sub-section (1) as expeditiously as possible and grant or reject the application, as the case may be:

Provided that where an application is rejected, the Competent authority shall communicate the same to the applicant.

(3) Where within a period of ninety days from the receipt of the application under sub-section (1) for the grant of no objection certificate, —

(a) the Competent authority does not grant such certificate; or

(b) where an application has been rejected and the same has not been communicated to the person who has applied for the grant of such certificate, it shall be deemed that the Competent authority has granted a no objection certificate to the applicant.

(4) The applicant shall, on the grant of a no objection certificate or where the Competent authority has deemed to have granted the no objection certificate, be entitled to commence and proceed with the establishment of a Minority Educational Institution in accordance with the rules and regulations, as the case may be, laid down by or under any law for the time being in force.

10-A. Right of a Minority Educational Institution to seek affiliation. —

(1) A Minority Educational Institution may seek affiliation to any University of its cho