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1971 Supreme(Mad) 546

K.VEERASWAMI, RAGHAVAN
A. N. Parasuraman Managing Partner of a firm by name Minerva Tutorial College Madras-8 – Appellant
Versus
State of T. N. represented by Secretary to Govt. Education Department – Respondent


Advocates:
M.K. Nambiar for K.K. Venugopal, A.P. Venkatachalam, V. Manivannan, K.K. Nalini Vasudevan, R. Desikan, N. Bamachandran, C.S. Vidyasankar, V. Narayanaswami, T. Aravamudha Iyengar; N.T. Vanamalai, M.S. Sundararajan, N. Venkatarama Iyer, K.A. Thanikachalam, N.C. Raghavachari, N.S. Varadachari and R.S. Venkatachari, for Petitioners; Advocate General assisted by Govt. Pleader, for Respondents.

Judgement

K. VEERASWAMI, C.J.:- This group of petitions under Art.226 of the Constitution is concerned with the validity of some of the provisions of the Madras Private Educational Institutions (Regulation) Act 1966. It is said that they violate Articles 19(1)(g) and 14 of the Constitution. We may take W.P.3818 of 1968 as an example. The petitioner describes himself as the managing partner of a registered partnership firm under the name and style of the Minerva Tutorial College, Halls Road, Madras. He is also stated to be the proprietor and Principal of the Tutorial College. His prayer is for a rule directing the respondent, the State of Madras, from enforcing the provisions of the Act against the College. It is said to have been established in about 1931 to coach students who have failed in their University examinations as private candidates. Two sessions in a year are held, one from June to September, and the other from the middle of November to March, to enable the candidates to appear for one or the other of the two University examinations during a year. Coaching is given to failed College students, including Science students, for whose benefit there is a well equipped laborator















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