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1995 Supreme(SC) 430

S.C.AGRAWAL, P.B.SAWANT
P. Kasilingam – Appellant
Versus
P. S. G. College Of Technology – Respondent


Advocates:
A.FRANCIS JULIAN, A.K.GANGULY, A.MARIAPUTHAM, A.V.RANGAM, ARUNA MATHUR, B.K.PRASAD, C.S.VAIDYANATHAN, C.SITARAMIAH, C.V.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

S.C. AGRAWAL, J. :—These appeals raise the common question whether a private engineering college is governed by the provisions of The Tamil Nadu Private Colleges (Regulation) Act, 1976 (hereinafter referred to as "the Act") and the Tamil Nadu Private Colleges (Regulation) Rules, 1976 (hereinafter referred to as the Rules) made under the Act. This question has arisen in the context of P.S.G. College of Technology and Polytechnic, Coimbatore (hereinafter referred to as the College) in three Writ Petitions (Writ Petitions Nos. 2604, 3130 and 3205 of 1981) before the Madras High Court reported in 1984 Lab IC 1134. By its judgment dated December 23, 1982, the High Court, while dismissing Writ Petitions Nos. 2604 and 3130 of 1981 and allowing Writ Petn. No. 3205 of 1981, has held that the Act and the Rules do not apply to the College. These appeals are directed against the said judgment of the High Court.

2. On January 31, 1976 the President of India issued a Proclamation under Article 356 of the Constitution of India, in relation to the State of Tamil Nadu, declaring inter alia that the powers of the Legislature of the State shall be exercisable by or under the authority of Parl



































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