Judgment :- K.A. SWAMI, C.J.:- The Writ Appeal is preferred against the interim order dated 8th August, 1995 passed by the learned single Judge in W.M.P. Nos.9264 and 13424 of 1995 filed in W.P. 18874 of 1994. Learned single Judge has issued the following interim directions:- "Under these circumstances and for the reasons stated above, W.M.P. No.9264 of 1995 is allowed and the respondents are directed to permit the students of the petitioner college to write the University examination to be conducted by the third respondent, i.e, the Registrar, University of Madras, in September, 1995 pending disposal of the Writ Petition. I further direct that if the period for payment of examination fee was over, the third respondent should extend the period by a week from the receipt of this order and accept the fee from the petitioner and permit the students of the petitioner college to write the University examination. This will be at the risks of the students as well as the petitioner. They must be prepared for all risks ensuing and cannot insist for fruition of any further result on the basis of the present direction. I have acted purely on humanitarian grounds and ultimately it will be subject to the ultimate settlement of the question of recognition. As far as W.M.P. No. 13424 of 1995 filed by respondents 1 and 2 is concerned, I allow the said petition and extend the time stipulated in the order made in W.M.P. 28676/94 dated 17-3-1995 in W.P. No. 18874 of 1994 by four months from 15-5-1995." * Hence, the Registrar of the University, Madras, has come up in appeal. 2. When this appeal came up for consideration before us, we considered it necessary to hear the Writ Petition itself along with the Writ Appeal, as the arguments in the Writ Appeal and the Writ Petition would be the same. Therefore, W.P.13874/94 was directed to be posted along with the Writ appeal. Accordingly, the same has been posted. We have heard both sides in both the matters. 3. Therefore, W.P.13874/94 was directed to be posted along with the Writ appeal. Accordingly, the same has been posted. We have heard both sides in both the matters. 3. In the Writ Petition, the Petitioner which is Marudhar Kesari Jain CoIlege for Women has sought for issuing a direction to respondents 1 to 3, State of Madras, the Commissioner and Director of Collegiate Education and the Registrar, University of Madras respectively to grant permission to start a minority non-aided college for women to the petitioner Trust in the State of Madras or a non-minority college for Marudhar Kesari Jain College for Women and also to direct the Registrar, University of Madras to grant affiliation to the Courses, B.Com., B.A. (Corporate Secretary ship), B.Sc. (Computer Science) and B.Sc. (Math's) and to grant such other relief as may be deemed necessary. Pending disposal of the aforesaid Writ Petition, learned single Judge has issued the aforesaid interim directions as extracted above. 4. The contention of the petitioner is that even though it had made an application for permission to start an Arts College for Women before the 2nd respondent as long back as on 29-9-1993 as a minority institution, it had not been considered, that another application on the same date was also filed before the University seeking affiliation, that application also was not considered within a reasonable time and that therefore, after waiting for some time, the petitioner Trust had no option but to start the College for the aforesaid courses from the academic year 1994-95. It is in this background, . the prayer for an interim order in W.M.P. 9264 of 1995 was made on 8-8-1994 and the interim directions were issued, as pointed out earlier. It is also the case of the petitioner that it has taken on lease an extent of land measuring 10.2 acres and has also deposited a sum of Rs. 10 lacs in the joint names of the petitioner and the 2nd respondent. Required building has also been constructed. The necessary staff has been engaged. The classes have been conducted, according to the norms of the University. Therefore, the students who have undergone the course should not be made to suffer for the delay on the part of the State Government and the University. 5. Required building has also been constructed. The necessary staff has been engaged. The classes have been conducted, according to the norms of the University. Therefore, the students who have undergone the course should not be made to suffer for the delay on the part of the State Government and the University. 5. On the contrary, it is the case of the State Government that after the application was received for recognizing the petitioner Trust as a minority trust, the State Government could not immediately take a decision, because it had not formulated norm for recognising an institution as a minority institution, a Committee was constituted on 7-2-1995 to go into the matter and make a report. Accordingly, the Committee submitted a report, which was accepted by the State Government and the Government Order, G.O.Ms.371 dated 10-5-1995 was issued prescribing certain norms for recognising an institution as a minority institution, On 31-5- 1995, a letter was addressed to the petitioner institution to state as to whether it satisfies the norms laid down in the aforesaid G.O.Ms.371, dated 10-5-1995. Pursuant to that, the petitioner has submitted a reply dated 22-6- 1995 and the reply submitted by the petitioner has also been forwarded to the 2nd respondent, who has submitted his remarks on 19-7- 1995, It is submitted that the matter stands at that stage, because, the norms prescribed under G.O.Ms. No.371, dated 10-5-1995 are made applicable to technical institutions and not to non-technical institutions such as the Arts College in question. 6. As far as the case of the University is concerned, it is submitted that on receipt of the application filed for affiliation on 29-9-1993, the University was not in a position to decide as to whether the institution was a minority institution or an institution belonging to a non-minority, because in the application, it was submitted that it was a minority institution, but no certificate of recognition granted by the State Government was annexed to the application. Under those circumstances, it was referred to the Affiliation Committee and thereafter, a reply was sent to the petitioner on 8-4-1994, It is also further submitted that except as to whether the petitioner institution is a minority institution or not, all other records required for the purpose of considering the affiliation are ready, but only inspection has to be done to satisfy whether the college satisfied the required conditions, and this inspection can be done in a day or two, 7. In the light of the aforesaid undisputed facts, we have to consider whether a direction should be issued to the State Government and to the University to grant recognition that the petitioner institution is a minority institution and to affiliate the same and also to permit the students who have undergone the course, to appear for the examination, which is scheduled to take place on 15th September, 1995. 8. We find it very difficult to agree to the submission made on behalf of the petitioner institution that the students who have undergone the course, should be permitted to appear for the examination scheduled to take place on 15-9-1995. Our reasons are as follows :- Statutes 46 and 47 of Chapter XXVI of the Laws of the University, which are relevant, are as follows: "46. Affiliation or approval shall in no case be granted with retrospective effect. Attendance at courses of instruction provided in colleges or in subjects before affiliation or approval is granted, shall not qualify for the grant of certificates of attendance, and such attendance shall not entitle any candidate to exemption from the production of certificates of attendance. 47. No college/management of college shall advertise new courses or invite, in any other manner, applications for admission to new courses or admit students to new courses before they actually get the affiliation for these courses from the University. If any college/ management of college does no applications for affiliation for further courses shall not be entertained from such erring college(s) for a period of five years, and such college(s) shall be liable for any other penal action deemed fit, as indicated in Statute 44 of this chapter." * From the aforesaid Statute 46, it is clear that the affiliation to the College cannot be granted with retrospective effect. Any course conducted by the College in any subject, which requires attendance, before the affiliation or approval is granted, will not qualify the students for grant of Certificate of Attendance and such students shall not be entitled to any exemption from the production of Certificate of Attendance. In addition to this, Statute 47 states in categorical terms that no college or management is entitled to start or even advertise a new course or invite applications for new course without the affiliation to the College granted by the University. Statutes 46 and 47 of Chapter XXVI of the Laws of the University, Statutes and Ordinances are to be read together and considered harmoniously as they intend to serve one and the same object. So read, the aforesaid statutes do not leave any doubt that no college or institution required to seek affiliation to the University for the course to be conducted, which requires attendance, cannot start courses and cannot even advertise new courses or invite applications for new courses, before obtaining affiliation from the University. These two statutes are to be strictly construed to prevent the mushroom growth of private institutions, without satisfying the norms of the University for grant of affiliation and also to prevent commercialization of education, misleading and exploiting of the parents and the students persuading them to seek admission to such colleges, which are not granted affiliation by the University. Any other interpretation not only would defeat the very 0 bject of the statutes 46 and 47, but would affect the Public interest seriously, and would result in loss of time, money and energy of the students, who are persuaded to get admission in such colleges and institutions. In the light of the aforesaid statutes, we are left with no doubt that the petitioner-institution took a calculated risk in starting the classes in the various courses referred to in the relief sought for in the Writ Petition, without obtaining affiliation. We are clearly of the opinion that such a step on the part of the petitioner-institution in starting the courses is opposed to law and Public interest and as such, it cannot at all be approved. If such a conduct of the petitioner-institution is approved, it would only further encourage such illegal acts however laudable may be the object. We are clearly of the opinion that such a step on the part of the petitioner-institution in starting the courses is opposed to law and Public interest and as such, it cannot at all be approved. If such a conduct of the petitioner-institution is approved, it would only further encourage such illegal acts however laudable may be the object. Therefore, even if the affiliation and recognition are granted today itself, it would not be possible and permissible to permit the students, who, according to the petitioner-institution, have undergone the courses of study, to appear for the University examinations scheduled to be held on 15th September, 1995. 9. We are unable to appreciate the long delay on the part of the State Government and its authorities in not considering the application filed by the petitioner-institution for recognition as a minority institution within a reasonable time. The petitioner had made an application for recognition well before the commencement of the academic year 1994-95 with an idea to start the classes from the academic year 1994-95. In such matters, the State Government is expected to act swiftly, in order to ensure that the citizens are not deprived of the education. The State Government by itself is not able to open required number of colleges to meet the demand. When the private institutions are coming forward to provide education, it must not delay in considering the applications for recognition. This aspect, the State Government and its authorities should always bear in mind in their future course of action relating to such matters. 10. We are not able to appreciate as to why the criteria laid down in G.O.Ms.371 dated 10-5-1995 pertaining to science and technical colleges, should not be made applicable to Arts and non-technical Colleges to be started by linguistic or religious minority. For immediate reference and also to bring home the point that those criteria can be applied to non-technical colleges proposed to be started by the linguistic or religious minority institutions, we extract the relevant portion of the aforesaid order of the State Government containing the conditions to be satisfied by the educational agency, before it is registered as a minority institution. "The Government after careful examination of the recommendations of the Committee direct that the following conditions will have to be satisfied by an educational agency before it is being registered as a Minority Institution :- (1) All existing Educational institutions enjoying claiming minority status must apply to the Government for continuance of the status. Based on the application, orders will be passed by the Government on merit and according to law. (2) All educational institutions must be a registered Society registered under the Societies' Registration Act, 1860 or under the Tamil Nadu Societies Registration Act, 1975 or under any corresponding Law or a Public Trust, religious or charitable including wakf. No application from any other individual or a firm or a company will be entertained. (3) The minority status will be granted only on two grounds, namely, religious minority or linguistic minority or a combination of both. (4) In respect of religion, sub-sects like Vaishnav or Saiva or based on communitywise like Nadar, Kongu Vellalar or Thuluva Vellalar, minority status will not be given because all these subjects belong to one religion, namely, the Hindu Religion. In the State of Tamil Nadu, the Hindu religion irrespective of the caste or subject will not be considered as a minority. (5) In respect of Language, the Language spoken or written will be taken into consideration for the purpose of according minority status. For example, people belonging to Saurashtra Community, who speak a different language will be treated as minority on linguistic basis, although they belong to the Hindu Religion. Similarly, people speaking Telgu or Hindi in this State though they belong to the Hindu Religion, on the basis of language may be treated as minority. (6) For the purpose of deciding whether the applicant is a minority or not, based on religion or language, the total population in the State will be taken into consideration and not the total population in any particular region in which the educational institution is situated or the population in the whole of the country. In , other words, the State is a Unit and the number based on religion or language must be less than 50% of the total population in the State. The population on an All India basis cannot be the criteria so far as this State is concerned. In , other words, the State is a Unit and the number based on religion or language must be less than 50% of the total population in the State. The population on an All India basis cannot be the criteria so far as this State is concerned. (7) The management of the educational agency must also comprise of a majority of persons belonging to the minority community. (8) Apart from the majority of persons representing the management of the educational agency, the educational institutions claiming minority status must satisfy the Government that they would serve the interest of not exceeding 50% of such minority community. If the 50% number is not filled up on a date specified by the Government or the authority competent in any academic year, then the remaining seats will be filled up from candidates allotted by the Government based on merits as far as Professional colleges are concerned. Even the selection of minority students by the institution will be only on merit. (9) The Memorandum of Association or the bye-laws of any rules governing the educational institutions must contain a clause providing the conditions referred to in Cls. 6, 7 and 8. (1) A list of candidates who are admitted from among the minority community shall be sent by the educational institutions to the authorities for the purpose of review. The Government also accept the suggestions of the Committee that in any case, before rejecting the applications, necessary information has to be collected and the grounds for rejection should be clearly spelt out in the order." * In the light of this, it is submitted by learned counsel for the State Government that if the criteria laid down in G.O. Ms.371 dated 10-5-1995 are directed to be applied to the non-technical institutions to be started by the linguistic or religious minority, it would not take even a week for the State Government to consider and decide upon it, as the papers are otherwise complete. Similarly, learned counsel for the University submits that no sooner the State Government conveys its decision as to recognition of the institution as a minority institution, the University will immediately inspect and take a decision within a week from the date of communication from the State Government. In view of what we have stated above, it becomes clear that the interim directions issued by the learned single Judge cannot be sustained. In view of what we have stated above, it becomes clear that the interim directions issued by the learned single Judge cannot be sustained. However, it is necessary to make it further clear that in the event of granting of affiliation and recognition, it would be open to the appropriate body of the University to consider as per S.35 of the Madras University Act to condone the shortage of attendance and to permit the students to appear for the examination to be held in April-May, 1996. 11. For the reasons stated above, the writ appeal is allowed. The order dated 8th August, 1995 is set aside. The writ petition is allowed in the following terms :- A direction shall issue to the State Government and the Commissioner and Director of Collegiate Education to apply the norms laid down in G.O. Ms.371, dated 31-5-1995 to the application filed by the petitioner for recognising it as a minority institution treating it as the one made for the academic year 1995-96, and to take a decision in accordance with law and in the light of the observations made as above, and communicate the same to the petitioner and the Registrar of the University (3rd respondent) on or before 8th September, 1995. A direction shall also issue to the 3rd respondent University that it shall immediately on the receipt of the communication from the State Government as directed above, inspect the college and take a decision regarding the affiliation in accordance with law and in the light of the observations made above and communicate the same to the petitioner institution on or before 15th September, 1995. The C.M.Ps. are disposed of. However, we make no order as to costs. Order accordingly.