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 Parliament. Parliament under Article 357(1)(a) of the Constitution enacted the Tamil Nadu State Legislature (Delegation of Powers) Act, 1976 whereby it conferred on the President of India the powers of the Legislature of the State of Tamil Nadu to make laws in relation to State of Tamil Nadu. In exercise of the said powers the President of India enacted the Act to provide for the regulation of private colleges in the State of Tamil Nadu. Chapter II (Sections 3 to 10) makes provisions for establishment, permission for establishment and management of private colleges. In Chapter III (Sections 11 to 14) provision is made for college committee and its constitution and functions. Chapter IV (Sections 15 to 24) deals with the terms and conditions of service of teachers and other persons employed in private colleges. Chapter V (Sections 25 to 32) relates to control of private colleges. Other provisions are contained in Chapter VI (Accounts, Audit, Inspection and Furniture), Chapter VII (General Provisions regarding Appeal and Revision), Chapter VIII (Penalties and Procedure) and Chapter IX (Miscellaneous).

3. In exercise of the powers conferred by Section 53 of the Act the Governor of Tamil Nadu has made the Rules. Rule 3 makes provision for the application for permission to establish a college and prescribes the form (Form 2) for such an application. Rule 4 provides for grant of permission by the State Government. Rule 7 makes provision for payment of grants to the college for the purpose of teaching, construction of building, purchase of building site, play ground, furniture, books and appliances. Rule 8 relates to constitution of committee. Rules 11 to 15 deal with the conditions of service, etc. of teachers and other persons in college. Rule 16 appertains to closure of private colleges.

4. On March 18, 1981 the Governing Body of the College passed a resolution whereby it was resolved that the Act and the Rules do not apply to the College. P. Kasilingam, a lecturer in the Electrical Electronics and Communication Engineering in the College, filed a Writ Petition (Writ Petition No. 2604 of 1981) wherein he challenged the validity of the said resolution of the Governing Body of the College. In the said Writ Petition the said petitioner challenged the power of the College to advertise on All India Basis and call applications for filling up vacancies in faculty positions in various departments. The case of the said petitioner was that in view of Rule 11(4)(i) and (ii) it is incumbent on the part of the College to consider the claims of all qualified teachers in the College while making promotions and making of direct recruitment to promotional posts could arise only when none of the qualified teachers in the College is found qualified for promotion. The said petiti