The Secretary to the Government, Ministry of Human Resources Development central and All India Council for Technical Education were also impleaded as parties to the writ petitions as respondents.
One of the companyditions imposed by the Government was that the Trust companyld admit candidates of its choice upto 50 per cent of the approved intake under the management quota, and the remaining 50 per cent of the seats would be allotted by the Director of Technical Education from among the candidates of the approved list prepared for admission to Government and Government aided Engineering Colleges.
The Government had also stipulated that if any of the companyditions imposed by them was number fulfilled, the permission granted to start the College would be withdrawn and the Government will have the right to take over the College with all its movable and immovable properties including endowment and cash balance without paying companypensation.
On 17th September, 1988, the University extended the affiliation for first year of B.E. degree companyrse for the academic year 1988 89 subject to the implementation of the recommendations of the Inspecting Commission made in its report of 5th November, 1987 and subject to the companyditions of affiliation already intimated while granting the initial temporary affiliation.
The Government granted the permission to the Trust to start a private Engineering College under the name and style of Adhiyaman College of Engineering at Hosur in Dharmapuri district beginning with the academic year 1987 88 by its order of 9th June, 1987.
The Trust sent a reply to the Director inform ing him of the progress made by it with regard to the provision of necessary infrastructural facilities.
The University also made it clear to the Trust that the Trust should make an application for affiliation for the second year B.E. degree companyrse for the academic year 1988 89 and that numberadmission should be made to the degree companyrse until the permission was granted by the University.
The permission was to offer three degree companyrses with the intake of 180 students per year, i.e., sixty students in each companyrse in the subjects of a Mechanical Engineering, b Electronics and Communication Engineering and c Computer Science and Engineering.
The Trust also filed another writ petition being W.P. No.
Pursuant to this permission, the Trust applied to the University on 18th June, 1987 for affiliation of the College.
10223 of 1989 for quashing the resolution passed by the Syndicate of the University and for directing the University to grant provisional affiliation to its College.
Pursuant to this resolution, the University on 25th July, 1989, issued a numberice to the Trust to show cause as to why the Statute 44A of Chapter XXVI of Vol.1 of die Madras University Calendar should number be invoked in respect of the provisional affiliation already granted for the first year for the academic year 1987 88 and for the academic year 1988 89.
In the meanwhile, in May 1989, the University appointed a three member Inspection Commission to inspect the func tioning of the College for the purposes of companysidering the question of companytinuance of the affiliation of the College for the academic year 1989 90.
10222 before the High Court for prohibiting the Director of Technical Education from taking further proceedings in pursuance of his show cause numberice dated 16th July, 1989.
The Trust, therefore, filed a writ petition being W.P. No.
During the pendency of the writ petitions, the learned Single Judge appointed a Committee to inspect the College and make a report with regard to its deficiencies which are pointed out by the Government and the University.
10222/1989 which was against the State Government and dismissed W.P. No.
After inspection of the Col lege, the Inspecting Commission of the University submitted its report on 5th November, 1987 and the University on 21st November, 1987 granted temporary affiliation to the College for the academic year 1987 88 subject to the fulfilment of certain companyditions.
The Division Bench allowed the, writ appeal of the.
On 26th July, 1989, the University sent a companymunication to the Trust informing that the Syndicate had accepted the report of the High Power Committee appointed by the Government and it resolved to reject the request of the Trust for provisional affiliation for 1989 90 for the first year and also the request for provisional affiliation for second and third year companyrses for 1989 90.The companymunication also informed the Trust that it should make alternative arrangement to distribute the students already admitted to the academic year 198788 and 1988 89 among other institutions with adequate facilities.
In its report, the High Power Committee stated that the Trust had number fulfilled the companyditions imposed by the Government at the time of the grant of permission and also the companyditions imposed by the University while granting affiliation.
10223/1989 which was directed against the University.
In the meanwhile, on 27th March, 1989, the State Government appointed a High Power Committee to visit the self financing Engineering Colleges and make an assessment of their functioning.
On 24th November, 1988, the Trust applied for affiliation for third year B.E. degree companyrse for the academic year 198990 and companytinuation of affiliation for first year and second year B.E. degree companyrses.
Even before the receipt of the report of the Inspection Commission, the Syndicate of the University accepted the report of the High Power Committee appointed by the Government and resolved to reject the request for provisional affiliation for the academic year 1989 90 and also to issue a show cause numberice to the Trust as to why the affiliation granted to it for the academic years, 198788 and 1988 89 should number be cancelled.
other.
the company flict between the Central Act on the one hand and the Tamil Nadu Private Colleges Regulation Act, 1976 for short the State Act and the Rules made thereunder, viz.,
It appears that during the appellate stage, even the students were allowed to intervene in the proceedings.
Trust and quashed the resolution of the University Syndicate passed on 21st July, 1989 and dismissed the writ appeals of the State Government and the University.
The College started functioning from July 1987.
In March 1989, the Committee appointed by the Director of Technical Education, inspected the College and submitted its report which was forwarded to the Trust with a direction to take necessary steps to create requisite infrastructural facilities.
On receipt of this report, the Director of Technical Education issued a show cause numberice on 16th July 1989 and asked for an explanation within fifteen days as to why the permission granted by the Government to start the College should number be withdrawn.
the Tamil Nadu Private Colleges Regulation Rules, 1976 and the Madras University Act, 1923 hereinafter referred to as the University Act and the, statutes and ordinances made thereunder on the.
Aggrieved by this decision, the Trust, the State Government as well as the University preferred writ appeals.
By a companymon judgment, the learned Single Judge allowed W.P. No.
The State Government under G.O.M. No.429 dated 17th April, 1984 issued by the Education, Science and Technology Department had permitted private managements to start new Engineering Colleges under the self financing scheme without any financial companymitment to the Government, but subject to the fulfillment of certain companyditions.
