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1995 Supreme(SC) 425

P.B.SAWANT, S.C.AGRAWAL
State Of T. N. – Appellant
Versus
Adhiyaman Educational And Research Institute – Respondent


Advocates:
A.FRANCIS JULIAN, A.K.GANGULY, A.MARIAPUTHAM, A.V.RANGAM, ARUNA MATHUR, B.K.PRASAD, C.S.VAIDYANATHAN, C.SITARAMIAH, G.VISHVANATHA IYER, Gaurav Agrawal, K.PARASARAN ATTORNEY, K.R.CHOUDHARY, K.R.NAGARAJA, K.V.MOHAN, M.K.BANERJI, M.N.KRISHNA MANI, N.SUDHAKARAN, NAVIN PRAKASH, P.P.Rao, R.P.Srivastava, S.R.Setia, S.SUKUMARAN, Sudarsh Menon, SUSHMA SURI, V.BALACHANDRAN, V.K.VARMA, VASIM A.QADRI, W.A.QADRI, W.C.CHOPRA

JUDGMENT

SAWANT, J.- The short question involved in these matters is whether after the coming into force of the All India Council for Technical Education Act, 1987 (hereinafter referred to as the "Central Act") the State Government has power to grant and withdraw permission to start a technical institution as defined in the Central Act. In the present case, the technical institutions with which we are concerned are the respondent Engineering Colleges which are being run in the State of Tamil Nadu.

2. To understand the issue, we will refer to the facts in CAs. Nos. 1634-35 of 1990. The State Government under GOM No. 429 dated 17-4-1984 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 commitment to the Government, but subject to the fulfilment of certain conditions. The first respondent, viz., Adhiayaman Educational Research Institute (for short, "the Trust") applied to the Government of Tamil Nadu for permission to start a new self-financing private Engineering College in terms of the said policy. The Government granted the permission to the Trust to sta











































































































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