K. Ravichandrabaabu, J.

The petitioner is aggrieved against the order of the second respondent dated 02.05.2016 refusing Minority Status to the petitioner's College. Further direction is sought for to recognise the petitioner with such status forthwith.

2. The case of the petitioner in short is as follows.

The petitioner's College, namely, St.Theresa's Arts and Science College for Women, Santhangudi, Tharangambadi, Nagapattinam District, is one among the several Educational Institutions founded and administered by the Society known as "Society of Mary Immaculate, Chennai". The members of the said Society are Roman Catholic Nuns belonging to the Congregation of "Salesian Missionaries of Mary Immaculate". The said congregation has been recognised as a Minority under Article 30(1) of the Constitution of India, vide order dated 24.09.1976 made in Writ Petition No.702 of 1975 by the Division Bench of this Court. The Government of Tamil Nadu also announced the said Congregation and Institutions under it as minority, through proceedings of the Director of School Education dated 20.11.1976. There are 387 institutions under the said Congregation like Colleges, Schools, Technical Schools and Training Institutes, apart from Hospitals, Homes etc. With an aim to promote the educational interest and social advancement of women, the said Congregation decided to establish the petitioner's college from the academic year 2016-2017 onwards. Necessary infrastructure was put up for starting the new college. The petitioner submitted an application to the 4th respondent University on 03.05.2016 seeking affiliation for five courses. The University did not consider the application for long and on enquiry, the petitioner was given to understand that the University is not considering the application, since the petitioner has not produced an order from the State Government recognising the petitioner College as a Minority Educational Institution. Though the Congregation was already declared as Minority Institution, no separate order is required in the name of the College. However, since the 4th respondent University insisted for getting such order, the petitioner filed an application before the second respondent, who in turn, passed the present impugned order by rejecting the request, mainly on the reason that the petitioner has not started the College already and therefore, the minority status cannot be granted for the Institution which is proposed to be established.

3. A counter affidavit is filed by the second respondent wherein it is stated as follows:

The petitioner Institution has not been started so far and therefore, the minority status cannot be granted. No students have been admitted nor the affiliation of the University has been obtained. The Educational Agency has not produced Community Certificate of all the Trustee Members from the Revenue Authorities so as to prove that the members of the Trust belong to Minority Community. The petitioner's College has not furnished the required details.

4. Mr. P. Godson Swaminath, learned counsel appearing for the petitioner submitted that all the required documents were already furnished to the second respondent through a communication dated 06.04.2016 and therefore, the second respondent is not justified in contending otherwise. Insofar as the reason stated in the impugned order that the petitioner is yet to start the College, is concerned, the learned counsel submitted that the said issue is no more res integra, in view of the decisions made by this Court in W.P. No. 12418 of 2014 etc., dated 10.09.2014 in the case of Secretary, Immaculate College for Women, Pudupallyam, Cuddalore v. State of Tamil Nadu reported in 2015(1) Volume of CWC 557. Thus, the learned counsel submitted that in view of the categorical pronouncement made by this Court in the above said decision stating that the respondents cannot reject the request for minority status on the ground that the College has not yet been established, t