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2002 Supreme(Mad) 509

R.JAYASIMHA BABU, E.PADMANABHAN
Kongu Engineering College, represented by its Correspondent, Mr. M. N. Ramasamy, Erode and others – Appellant
Versus
The State of Tamil Nadu and others – Respondent


Advocates:
Rajeev Dhawan, Senior Counsel, for R.S.Jeevarathinam, R.Krishnamoorthy, Senior Counsel, for V.Ayyathurai, Mohan Parasaran, Senior Counsel, for Satish Parasaran, P.Haridoss, Senior Counsel, for K.Shakespear, K.Doraiswami, Senior Counsel, for M/s.Muthumani Doraiswami, R.Suresh Kumar, Habibulla Basha, Senior Counsel, for K.Ilias Ali, P.S.Vasanthakumar, V.Sanjeevi, Paul Vasanthakumar, R.Natarajan, S.Kadarkarai, R.Karthikeyan, A.Jinasenan, B.R.Ramesh Bapu, Ms.B.Saraswathi, for various Petitioners.
N.R.Chandran, Advocate General, assisted by V.Rajasekaran, Special Government Pleader (E), G.Masilamani, Senior Counsel, R.Santhanam, Senior Central Government Standing Counsel, for University of Madras, K.Doraiswami, Senior Counsel, for M/s.Muthumani Doraiswami, for various Respondents.

JUDGMENT

R.Jayasimha Babu, J.: Self-financing technical institutions, as also self-financing Arts and Science colleges offering Master of Business Administration (MBA) and Master of Computer Application (MCA) courses with the approval of All India Council for Technical Education (AICTE) such approval having been granted under the All India Council for Technical Education Act 1987, (Central Act No.52 of 1987) (Act) and who are affiliated to one or the other of six Universities- University of Madras, Anna University, Madurai Kamaraj University, Periyar University, Bharathiar University, and Bharathidasan University, have in these writ petitions questioned the legality and reasonableness of two Tamil Nadu Government Orders in G.O.Ms. No.108, (Higher Education (J1) Department), dated 9.4.2002 and G.O.Ms. No.112, (Higher Education (J1) Department), dated 18.4.2002.

2. The Government Order No.108 dated 9.4.2002 sets out that the Government had been informed by the Director of Technical Education (DTE) that the candidates desirous of pursuing the MBA and MCA courses will have to apply to each institution separately and consequently end up spending huge amounts for the application forms; tha















































































































































































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