IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:- 09.08.2006 Coram:- The Hon’ble Mr. Justice P.SATHASIVAM and The Hon’ble Mr. Justice V.DHANAPALAN Writ Appeal Nos. 1940, 1941, 1942, 1943, 1944, 1945, 1952, 1953 of 2002 Writ Petition Nos.21576, 21577, 21578, 21873, 21874, 21875, 22014, 22253, 22566, 22567, 22568, 22580, 24613, 24614, 24615, 24616, 24617, 24618, 24697, 24698, 24699, 24700, 24701, 24702, 24709, 24710, 24711, 24762, 24763, 24797, 24798, 24799, 24899, 24900, 24975, 24976, 24977, 24986, 24987, 21824, 21825, 21826, 32784, 32785, 33045, 33046, 34708 of 2002 and WAMP Nos. 3326, 3327, 3328, 3329, 3330, 3331, 3336, 3337, 3862, 3725 of 2002 and 48768 of 2002 1. The State of Tamil Nadu, rep. by its Secretary, Higher Education, Secretariat, Chennai 600 009. 2. The Director of Technical Education, Chennai 600 025. ....Appellants in WA.1940 to 1945/2002. RR.2 and 3 in WA.1952 and 1953/2002. Respondents 1 and 2 in WP.21576, 21577, 21578, 21873 to 21875, 22253, 22566, 22567, 22568, 22580, 24613 to 24616, 24617, 24697 to 24702, 24709, 24711, 24762, 24763, 24975 to 24977, 24797 to 24799, 24899, 24900, 21825, 21826, 32784, 32785, 33045, 33046/2002. Respondents 1 and 4 in WP.24986 and 24987/2002 Respondents 1 and 3 in WP.34708/2002. https://hcservices.ecourts.gov.in/hcservices/ V.S.B.Educational Trust rep. by its Chairman V.S.Balasamy 258/204, Dharapuram Road, Kangeyam 638 701 Erode District ..Petitioner in WP 21576 to 21578/2002 Infant Jesus Educational Trust represented by its Managing Trustee B.Stephen, 6/1, Nattu Subbaraya Street, Mylapore, Chennai 600 004. ..Petitioner in WP 21873/2002 Asan Memorial Association Cochin House, Andersan Road, Chennai -8, rep. by its General Secretary Sr. A.K.Gopalan ..Petitioner in WP 22014, 22580/2002 Narayana Gum International Institute of Science & Technology Trust,Chitadaru, Majalumoodu, Arumana, Kanyakumari District... Petitioner in 22253/2002 K.T.a. & G.R.S.Educational Trust rep. by its Chairman, K.T.Anbazhagan,18A, Kattur Village Pudupet Post, Tirupattur Taluk, Vellore District. ..Petitioner in WP 22566/2002 22567,22568/2002 Sivaraja Ramalingam Trust rep. by its Chairman and Managning Trustee Mr.R.Thiagarajan, No.12, I Street, III floor Nandanam Extension, Chennai 600 035. ..Petitioner in WP 24613, 24614, 24615/2002 Sri Jayaram Educational Trustee rep. by its Managing Trustee Thiru A.Sekar, No.78, II Street, Seetharam Nagar, Cuddalore 607 001. ..Petitioner in WP 24616, 24617,24618/2002 Ayanavaram Education Trust represented by its Chairman K.Moosa 17, Officer's Colongy, Ayanavaram Chennai 600 023 ..Petitioner in WP 24697 to 24699/2002 https://hcservices.ecourts.gov.in/hcservices/ Rajiv Gandhi Memorial Education Charitable Trust, represented by its Managing Trustee P.Mane, 16-B, Rajarathinam Street, Kilpauk, Chennai -600 010 ..Petitioner in WP 24700 to 24702/2002 Sri Padmavathi Balaji Educational Trust represented by its Managing Trustee G.Gowri Shankar, 2, Subbraya Avenue, Alwarpet, Chennai 600 018 ..Petitioner in WP 24709 to 24711/2002 R.V.Educational Trust, Rajakkamangalam West Junction, Rajakhamangalam Post Kanyakumari District 629 502 rep. by its Managing Director ..Petitioner in WP 24762 & 24763/2002 Swamy Educational Trust rep. by its Managing Trustee N.Vallikannu 4-A, First Main Road, New Colony, Chrompet, Chennai 600 044 ..Petitioner in WP 24797 to 24799/2002 Annai Ammani Ammal Educational and Charitable Trust, rep. by its Managing Trustee Dr.Shivanraj, 37/38, Pulla Avenue, Shenoy Nagar, Chennai -600 030. ..Petitioner in WP 24899 & 24900/2002 Er.Perumal Manimegalai Telugu Minority Educational & Chairtable Trust rep. by its Secretary & Trustee P.Kumar, 16/2, Vasantha Nagar, Bye Pass Road, Opp.to Arunagiri Complex, Hosur, Dharmapuri District 635 409. ..Petitioner in WP 24975 to 24977/2002 S.N.R.Sons Charitable Trust 395 Sarojini Naidu Road, Sidhapudur, Coimbatore 641 044 rep. by Power Agent T.K.Ravi ..Petitioner in WP 24986 & 24987/2002 https://hcservices.ecourts.gov.in/hcservices/ Paramaswari Palanisamy Charitable Turst, represented by its Chairman, K. Paramasivam , 128 Bhavani Road, Erode. 638 004. ... Petitioner in W.P.21824/2002 to 21826/2002 V.P. Muthiah Pillai, Meenakshi Ammal Trust, rep by its Managing Trustee V.P.M. Shankar, 4d North Car Street, Srivalliputhur 626 125 Virudhunagar District ... Petitioner in W.P.32784/2002 & 32785/2002 Sri. S.N.S. charitable Trust rep by its Managing Trustee 14, V.c.S. Nagar, G.N. Mills, Port, Coimbatore 641 029 ... Petitioner in W.P.33045, 33046/2002 Tirunelveli Diocese Trust Association CSI rep by its Bishop Bishop's stowe 16 North Highground Road, Palayamkottai, Tirunelveli District ... Petitioner in W.P.34708/2002 Vs. 1. V.S.B.Educational Trust, rep. by its Chairman V-S. Balasamy 258/204, Dharapuram Road, Kangeyam 638 701 Erode District ...First Respondent in WA.1940 TO 1945/2002, 1952 AND 1953/2002. 2. The Anna University rep. by its Registrar, S.P. Road, Chennai 600 025. 3. The Secretary, https://hcservices.ecourts.gov.in/hcservices/ Tamilnadu Engineering Admissions, Anna University, Chennai 600 025. 4. The Centre for Engineering Partnership rep. by its Director, Anna University, Chennai 600 025. ...Respondents 2 to 4 in WA.1940 to 1945/2002. Appellants 1 to 3 in WA.1952 to 1953/2002 Respondents 3 to 5 in WP.21576 to 21578, 21873 to 21875, 22566 to 22568, 24613 to 24617, 24697 to 24702, 24709 to 24711, 24762, 24763, 24797 to 24799, 24899, 24900, 24975 to 24977, 21825, 21826, 32784, 32785, 33045, 33046/2002. R.1 Nil Respondents 2,3 and 6 in WP.22580/2002 Respondents 5 and 3 in WP.24986 & 24987/2002 R.1 in WP.22014/2002, Respondents 1 and 2 Nil and R.3 in WP.22253/2002 & R.2 in WP.34708/2002. Paramasivam Palanisamy Charitable Trust rep by its Chariman K. Paramasivam, 128 Bhavani road, Erode- 638 004. ... First Respondent in W.A.1943/2002 to 1945/2002 2. The University of Madras Rep by its Registrar, Chepauk, Chennai-5. 3. The Secretary Tamilnadu Engineering Advisor 2002 Anna University, Guindy Chennai- 600 025. 4. The All India Council for Technical Educaton rep by its Advisor (E & T) Indira Gandhi Sports Complex I.P. Estate, New Delhi. 110002. rep by its Secretary & Advisor (E & T) .. RR2 to 4 in W.P.22014/2002 RR 2 https://hcservices.ecourts.gov.in/hcservices/ &3 nil R4 in W.P.22253/2002 RR2 and 3 nil and R5 in W.P.22580/2002 R6 in W.P. 24986, 24987/2002 RR2 nil and R4 in W.P.21824/02 5. The Southern Regional Office All India Council for Technical Education Shastri Bhavan, 26 Haddows Road, Chennai-6 rep by the Regional Director ... R5 in W.P.22253 of 2002 The Secretary Single Window Admissions (Tamil NAdu Engineering Admissions 2002) Anna University Guindy, Chennai-32. ... R3 in W.P.24899/2002 The Secretary Selection Committee for Admission in to Tamilnadu Engineering Colleges Anna University, Chennai-25. ... R2 in W.P.24986, 24987/2002. Writ Appeal filed under Clause 15 of the Letters Patent against the order of the learned single Judge dated 20.06.2002 made in WPMP No.29840 of 2002 in W.P.No.21578 of 2002 2. WPMP 29839/2002 in W.P.21577 of 2002 3. WPMP 29838/2002 in W.P.21576 of 2002 4. WPMP 30182/2002 in W.P.21824 of 2002 5. WPMP 30183/2002 in W.P.21825 of 2002 6. WPMP 30104/2002 in W.P.21826 of 2002 7. WPMP 29839/2002 in W.P.21577 of 2002 8. WPMP 29840/2002 in W.P.21578 of 2002 respectively Writ Petitions filed under Article 226 of the Constitution of India to issue a writ of declaration declaring that the provisions of Proviso to Sec 5 (ac) of the Anna University Act 1978 as amended by the amending Act unconstitutional unenforceable honest void afinitio in so far as the petitionr herein is concerned (W.P.21576/2002, 21873/2002, 24697, 24700, 24709, 24797, 32784/2002) Writ of declaration declaring the proviso to section 5 (ac) of the anna University (Amendment) Act 2001 as ultra vires unconstitutional and void and further direct the 3rd respondent Anna University to grant https://hcservices.ecourts.gov.in/hcservices/ provisional affiliation forthwith to the petitioner college from 2002-2003 and to include the petitioner college in the list of approved colleges for the purpose of single window Selection 2002-2003 (W.P.22253/2002) Writ of declaration declaring the proviso to sec 5 (ac) of the Anna University Act 1978 (as inserted by the Tamil Nadu Adendment Act 26 of 2001) as unconstitutional and of initio void and in applicable to the petitioner (w.P.22580/2002, 24763/2002) Tamil Nadu Act 26 of 2001 as is published in the Tamil Nadu Government Gazette Extra ordinaly No.865 part IV Section 2 dated 31.12.2001 as untra vires unconstitutional and void in so far as the petitioner is concerned (W.P.24613/2002, 24616/2002, 21824/2002) Writ of Mandamus directing the 3rd respondent to consider the application of the petitioner dated 6.7.2002 for granting affiliation to the Petitioners college Viz SRR Engineering College at Padur Village, Chingleput Taluk, Kancheepuram District without insisting upon the premises of the State Government (W.P.24614/2002) Writ of Mandamus directing the respondent to include the petitioner's College Viz SRR Engineering College at Padur Village Chingleput Taluk, Kancheepuram District in the list of Engineering Colleges Covered by the single window system of admission for the academic year 2002-2003 without insisting upon obtaining affiliation order from the third respondent. (W.P.No.24615/2002) Writ of mandamus, directing the respondents herein to forthwith include VSB Engineering college of the petitioner having its Administrative officer at No. 204 Dharapuram Road, Kangeyam, Erode District 638 701 in the list of engineering college covered by the single window system of admission in the academic year 2002-2003 without insisting upon obtaining affiliation order from the 3rd respondent as a condition precedent. (WP.No.21577/2002) 2. directing the respondents herein to forthwith include Infant Jesus College of Engineering, Kilavallanadu Srivaikundam Taluk, Tuticorin District of the petitioner (WP.No.21875/2002) 3. directing the respondents herein to forthwith include Bharathi Dasan Engineering College, K. Bandara Palli Triupattur Taluk, Vellore District of the petitioner (WP.No.22568/2002) 4. directing the respondents to include the petitioner's college Viz Sri Jayaram Engineering College' at Jayaram Nagar Chellangkuppam cuddalore old Town in the list of Engineering College Covered by single window system of admission for the academic year 2002-2003 without insisting upon obtaining affiliation order from the third respondent (WP.No.24617/2002) Writ of mandamus, directing the 3rd respondents to forthwith consider the application of the petitioner dated 14.6.2002 and pass orders, https://hcservices.ecourts.gov.in/hcservices/ granting affiliation to enable V.S.B. Engineering college of the petitioner herein, having its administrative office at 204, Dharapuram Road, Kangeyam, Erode District 638701 to fulfil the conditions of approval granted by the AICTE regarding bringing the institution functional during the academic year 2002- 2003 without insisting upon permission of the state Government (WP.No.21578/2002) directing the 3rd respondent to forthwith consider the application of the petitioner dated 17.6.2002 and pass orders granting affiliation to enable Infant Jesus college of Engineering, Kilavallanadu Srivaikundam Taluk, Tuticorin District of the petitioner (WP.No.21874/2002) directing the 3rd respondent to forthwith consider the application of the petitioner dated 6.6.2002 and pass orders granting affiliation to enable Bharathi Dasan Engineering College, K. Bandara Palli Triupattur Taluk, Vellore District of the petitioner (WP.No.22567/2002) directing the 3rd respondent to consider the application of the petitioner dated 6.7.2002 for granting affiliation to the petitioners college Viz Sri Jayaram Engineering College, at Jayaram Nagar, Chellangkuppam, Cuddalore old Town without insisting upon the permission of the state Government (WP.No.24618/2002) directing the respondents herein to forthwith include Dhanish College of Engineering at Padappai Kanchipuram District the petitioner in the list of Engineering Colleges Covered by single window system of admission for the academic year 2002 - 2003 without insisting upon obtaining affiliation order from the 3rd respondent as a condition precedent. (WP.No.24698/2002) directing the 3rd respondent to forthwith consider the application of the petitioner dated 8.7.2002 and pass orders granting affiliation to enable Dhanish College of Engineering at Padappai, Kancheepuram District of the petitioner to fulfil the condition of approval granted by ACC India Council for Technical Education regarding bringing the institution functional during the academic year 2002-03 without insisting upon permission of the state Government (WP.No.24699/2002) directing the respondents herein to forthwith include Udayam Engineering College, Chaikanthargal Village (Nemili Village group) Sriperumbudur Taluk, kancheepuram Distric of the petitiont in the list of Engineering colleges covered by single window system of admission for the academic year 2002 - 2003 without insisting upon obtaining affiliation order from the 3rd respondent as a condition precedent. (WP.No.24702/2002) directing the respondents herein to forthwith include P.B. College of Engineering at Irungattukkottai Sriperumbudur Tk, Kancheepuram District of the petitioner (WP.No.24710/2002) https://hcservices.ecourts.gov.in/hcservices/ directing the 3rd respondent to grant affiliation to the petitioner's Engineering college Viz Udaya School of Engineering,Udaya Nagar, Vallamadi Junction, Kanyakumari District 629 204 for the academic year 2002 -2003 (WP.No.24762/2002) directing the respondents to forthwith include SRI RAMAKUJAR Engineering college, Kalapakkam, Vandalur, Chennai 48 of the petitioner in the suit of Engineering colleges covered by single window system (WP.No.24799/2002) directing the 2nd Respondent University to grant affiliation to the petitioner college viz ARJ College of Engineering and Technology at Thirumakottai Main Road, Edayanatham Village Mannargudi Taluk, Thiruvarur District from the academic year 2002-2003 (WP N O. 24900/02) directing the third to consider the application of the petitioner dated 08.07.2002 for granting affiliation to the petitioner college viz Er Perumal Maanimegalai College of Engineering in Nallagamakottapalli Village Hosur Taluk, Dharmapuri District without insisting upon the premises of the state Government (WP 24976/02) directing the respondents to include the petitioner college viz Er. Perumal Manimegalai College of Engineering in Nallagamakottapalli Village, Hosur Taluk, Dharmapuri District in the list of Engineering Colleges covers by the single Window System of admission for the academic year 2002-2003 without insisting upon obtaining affiliation order for the third respondent (WP 24977/02) directing the respondents 1 to 5 to forthwith include the petitioners college Sri Ramakrishna Institute of Technology Coimbatore in the list of Engineering Colleges covered under Single Window System of Admission for the academic year 2002-2003 and allot/admit students in the petitioners college through Central Counselling (Single window) in compliance with the order passed by the AICTE dated 02.07.2002 (WP 24987/2002) directing the respondents to include the petitioners college viz Prithivi Engineering College at Kuppandapalayam post, Avinashi Taluk, Coimbatore District in the list of Engineering Colleges covered by the Single Window System of admission for the academic eyar 2002-2003 without insisting upon obtaining affiliation order from the third respondent (WP 21825/02) declaring that the proviso to Section 5 (ac) of Anna University Act 1978 as awarded by the Amendment Act NO. 26 of 2001 published in the Tamil Nadu Government Gazettee NO. 865 dated 31.12.2001 unconstitutional unenforceable non-gazettee void Abinitio in so far as the petitioner herein in concerned (WP 33045/02) Writ of Mandamus directing the 3rd Respondent to forthwith consider the request of the petitioner for affiliation after obtaining the request of the petitioner dated 07.08.2002 to issue an application form for https://hcservices.ecourts.gov.in/hcservices/ affiliation of S.N.S. College of Technology at Sathy Road, Vazhiyampalayam, Kalapatti, Coimbatore District for the academic year 2002-2003 without insisting upon permission of the State Government (WP 33046/02) Writ of Certiorarified Mandamus, calling for the records of the first respondent ending with its Letter No CEP/RN1/GP/3 dated 18.06.2002 and quash the same and direct the first respondent to grant affiliation to the Asan Memorial College of Engineering and Technology, Oragadam Road, Keerapakam Thirukkazhikundram, TN for the academic year 2002-2003 (WP NO. 22014/02) Writ of declaration, declaring that provisions of the proviso to Section 5 (ac) of Anna University Act 1978 as amended by the Amendment Act and the order of the 3rd Respondent in CEP/R/NI/GP/5 dated 18.06.2002 are unconstitutional unenforceable non-est, void abinitio in so far as the petitioner herein is concerned (WP 22566/02) Writ of declaration, declaring that the proviso to Section 5(ac) of Anna University Act as inserted by the Tamil Nadu Act 26 of 2001 as is published in the Tamil nadu Government Gazette Extra-ordinary No. 865 Part IV Section 2 dated 31.12.2001 as ultra virus unconstitutional as void in so far as the petitioner is concerned (WP 24976/2002) Direct the Anna University to grant affiliation of the petitioners College for the year 2002-2003 based on the order of the AICTE and without insisting upon the prior permission of the State Government (WP 24986/02) direct the Anna University to grant affiliation to the petitioners College for the year 2002-2003 based on the orders of the AICTE and without insisting upon the prior Permission of the State Government (WP 21826/02) directing the 3rd Respondent to forthwith consider the request of the petitioner for affiliation after obtaining the request of the petitioner dated 07.08.2002 to issue an application form for affiliation of V.P. Muthiah Pillai Meenakshi Ammal Engineering College for women at Vizhuppanoor Village, Krishnan Kovil, Srivilliputhur Taluk,, Virudhunagar District for the academic year 2002-2003 without insisting upon permission of the State Government (WP 32785/02) Writ of Mandamus directing the 3rd respondent to forthwith consider the application of the petitioner and pass order granting affiliation to enabel udayam Engineering College, Chowkanthangal Village (Nemili village GrouP) Sriperum,badur Taluk, Kancheepuram District of the petitioner to fulfil the conditions of approval granted by All India Council for Technical Education regarding bringing the institution functional during the academic year 2002-2003 withour insisting upon permission of the State Government (WP.No.24701/2002) https://hcservices.ecourts.gov.in/hcservices/ Granting affiliation to enable P.B.College of Engineering at Irungattukkottai, Sriperumbadur Taluk, Kancheepuram District of the petitioner (WP.No.24711 of 2002) Granting affiliation to enable Sri Ramakujar Engineering Collect, Kolapakkam, Vandalur, Chennai - 48 of the petitioner (WP.No.24798/2002) declaring the proviso to section 5(ac) of the Anna University(amendment) Act 2001 as ultravires unconstitutional and void, and further direct the 2nd respondent Anna Univerisity to grant affiliation forthwith to the Dr.G.U.Pop College of Engineering, Sanyerpuram from the Academic Year 2002-2003 (WP.No.34708/2002) Writ of Mandamus, directing the respondents to treat the petitioner institute namely ARJ College of Engineering and Technology at Thirumakottai Main Road, Edayanatham Village, Mannargudi Taluk, Thiruvarur District as an approved institute for the purpose of admitting students in the academic year 2002-2003 for admission under single window admission system of Tamil Nadu Engineering Admission 2002 being conducted by the 3rd respondent (WP.No.24899/2002) For Appellants in : Mr.R.Viduthalai, WA.Nos.1940 to 1945/02 Advocate General and for Respondent- assisted by State in all the Mr.M.Sekar, Spl.G.P. Writ Petitions For Appellants in : Mr.Mani Sundar Gopal WA Nos.1952, 1953/2002 for Mr.G.M.Mani and for Respondents Associates Anna University in all the Writ Petitions For Petitioners in : Mr.K.Doraisami, W.P.Nos.21873 to 21875, Senior Counsel 24697 to 24699, 24700 for M/s Muthumani to 24702, 24709 to 24711, Doraisamy 33045, 33046, 32784, 32785, 21576 to 21578, 22566 to 22568 of 2002 For Petitioners in : Mr.J.Rajaram W.P.Nos.24613 to 24615 of 2002 For Petitioners in : Mr.V.Sanjeevi W.P.Nos.24616 to 24618, 24975 to 24977, 21824 to 21826/2002 https://hcservices.ecourts.gov.in/hcservices/ For Petitioners in : Mr.P.L.Narayanan W.P.Nos.24762 & 24763 of 2002 For Petitioners in : Mr.T.Meikandan W.P.Nos.24797 to 24799 of 2002 For Petitioners in : Mr.R.Suresh Kumar W.P.Nos.24899 & 24900 of 2002 For Petitioners in : Mr.Satish Parasaran W.P.Nos.24986, 24987/2002 For Petitioners in : Mr.Habibullah W.P.Nos.22014, 22580/2002 Basha, Sr. Counsel for Mr.Santosh Kumar For Petitioner in : Mr.Isaac Mohanlal W.P.No.22253/2002 For Petitioner in : Mr.K.Vijayakumar W.P.No.34708/2002 For Madras University / : Mr.A.V.Elango 2nd Respondent in W.P.Nos.22014 of 2002 For AICTE / : Mr.N.Muralikumaran, 4th Respondent in ACGSC W.P.Nos.22014 of 2002 COMMON JUDGMENT P.SATHASIVAM, J. Since all these matters are interlinked; the question raised and the issue involved are one and the same; they are being disposed of by the following Common Judgment. 2. The above writ appeals are by the State against the interim orders/interim directions of the learned Single Judge. Since we are taking up the main writ petitions themselves for disposal, there is no need to go into the correctness or otherwise of the interim orders which are the subject matter of the writ appeals. 3. The writ petitioners/Educational Trusts are running Engineering Colleges, after getting proper approval from the All India https://hcservices.ecourts.gov.in/hcservices/ Council for Technical Education ('AICTE' in short). In some of the Writ Petitions, proviso to Section 5(ac) of the Anna University Act, 1978, is challenged. Some of the petitioners are seeking direction to grant provisional affiliation while others seek direction for inclusion of their colleges in the Single Window System. 4. It is the common case of the petitioners that the educational institutions run by them applied to the AICTE in prescribed forms, with all enclosures and details, for establishing engineering colleges. It is also their case that after inspection made by the Expert Committee of AICTE and after satisfying the norms and standards, the AICTE has accorded approval to the petitioners' Trusts for establishment of engineering colleges with prescribed seats on a further condition that the admission shall be made through central counselling by the Government of Tamilnadu. It is also stated that the order of AICTE granting approval was communicated to Anna University with a request to complete the process of affiliation for facilitating admission. It is their further case that all of them satisfied the norms/condition prescribed by AICTE. After the approval given by the AICTE, the petitioners submitted applications to the Anna University for grant of affiliation. According to the petitioners, they came to know that in view of the amendment to the Anna University Act, prior permission from the State Government is required for the colleges being affiliated to the University. As per the proviso to Section 5(ac) of the amended Act, no college shall be affiliated to the University unless the permission of the Government to establish such college has been obtained and terms and conditions, if any, of such permission have been complied with. According to them, the said amended provision is beyond the legislative competence of the State Government, repugnant to the Central Act, namely All India council for Technical Education Act, 1987 ('AICTE Act' in short), arbitrary and without jurisdiction. It is the claim of the petitioners that so far as the professional colleges are concerned, the entire control of the institutions is vested only with All India Councils, such as All India Council for Technical Education, All India Medical Council, Dental Council of India, etc. Role of the University in respect of professional colleges is minimal and grant of affiliation is a matter of course. There is no justification on the part of the University to insist upon prior permission of the State Government for establishment of a college and for granting affiliation. They also submitted a separate application to the Secretary, Tamil Nadu Engineering Admissions, Anna University, for inclusion of the names of their engineering colleges for counselling under Single Window System in the brochure contemplated under Regulation 8 (2) of the AICTE (Norms and Guidelines for Fees and Guidelines for Admissions in Professional Colleges) Regulation, 1994. 5. Heard Mr.Habibullah Basha, learned senior counsel, Mr.K.Doraisami, learned senior counsel; Mr.V.Sanjeevi, Mr.R.Suresh Kumar, Mr.Issac Mohanlal, Mr.K.Vijayakumar, Mr.P.L.Narayanan and Mr.T.Meikandan for the petitioners; Mr.R.Viduthalai, learned Advocate General for the https://hcservices.ecourts.gov.in/hcservices/ State; Mr.Mani Sankar Gopal for Anna University; Mr.N.Murali Kumaran for AICTE; and Mr.A.V.Elango for Madras University. 6. The main contentions of the learned senior counsel for the petitioners and other counsel are that the order/proceeding of the Anna University calling upon the petitioners to obtain permission from the State Government to establish their colleges, failing which affiliation will not be granted by the University, is illegal, arbitrary and violative of Articles 14 and 30(i) of the Constitution. It is also contended that the order of the University is contrary to AICTE Act and Regulations. Once the approval of AICTE has been obtained, there can be no further condition imposed by the University for the grant of affiliation. In such circumstances, the proviso to Section 5(ac) of the Anna University Act runs contrary to the dictum laid down by the Supreme Court in 1995 (4) SCC 104 (State of Tamil Nadu vs. Adhiyaman Educational and Research Institute and others) and 2000 (5) SCC 231 (Jaya Gokul Educational Trust vs. Commissioner and Secretary, Government of Higher Education Department, Kerala). Both these judgments enunciate that it is only the AICTE which has the authority to grant approval and that neither the State Government nor the University has the authority to give any approval or reject any application. According to them, the grant of approval to establish an engineering college is exclusively governed by the Central Act, namely AICTE Act, 1987 and the Regulations made thereunder and is referable to Entry 66, List-I of the VII-Schedule of the Constitution of India. The said Central Act, more in particular Section 10(k), and Regulation 8 of the Regulations made thereunder, occupied the field relating to grant of approval to an engineering college and that neither the State Government nor the University has any role in this regard. There is no power vested in the University or the State Government to enact laws which are repugnant to the Central Act, especially in regard to grant of approval to establish technical institutions after the 42nd amendment of the Constitution in 1976 and consequently the impugned provisions of the Anna University Act is liable to be struck down as ultra vires, unconstitutional and beyond the legislative competence