Inspite of availability of alternative remedy whether petitioner can file writ petition.

K.A.Swami, CJ.

The writ appeals are preferred against the Order dated 9. 1993 passed by the learned single Judge in W.M.P.Nos. 16279 to 16304 of 1993,16806 of 1993,17608 of 1993 and 19245 of 1993. The learned single Judge has issued the following directions:

“The next contention of Mr.U.N.R.Rao and Mrs. Nalini Chidambaram, learned Senior Counsel, is that there cannot be any stay of order of termination. It is true generally, courts do not stay any order of termination. But here is no axiomatic principle of law that courts can never grant stay of order of termination and a Court exercising jurisdiction under Art.226 of the Constitution of India cannot be shackled by any such principle. It has already been noticed that the order of termination is in gross violation of the provisions of Sec. 19(2) of the Tamil Nadu Private Colleges Regulation Act. When the writ petitioners were claiming for regularisation of their temporary services, the respondent management has issued the order of termination and thereby throwing all the 23 and odd teaching staff on the streets. Therefore, I am satisfied on the facts and circumstances of the case, that stay of the termination order should be granted. Even the balance of convenience is in favour of making the stay absolute. In view of what I have said above, it is unnecessary for me to refer to the elaborate arguments of the counsel for the petitioners as well as the respondent and the decisions relied on by them. Even though at one stage I felt that the main writ petitions filed by various parties themselves could be disposed of Mr.U.N.R.Rao was not agreeable to the said course and wanted to be passed in the Writ Miscellaneous petitions. In the result, W.M.P.Nos. 16279 to 16304 of 1993 are allowed and the interim stay granted on6. 1993 is made absolute. W.M.P.No. 19245 of 1993 in W.M.P.No.16302 of 1993 in W.P.No.10685 of 1993 is dismissed. W.M.P.No. 17608 of 1993 in W.P.No.l 1557 of 1993 is dismissed and the interim stay granted on 26. 1993 is vacated. W.M.P.No.16806 of 1993 in W.P.No.10999 of 1993 is allowed and the interim stay granted on 16. 1993 is made absolute. Having regard to the scope of W.P.Nos. 10663 to 10687,10999 and 11557 of 1993 and 21082 of 1992, they are directed to be listed for final hearing before the concerned Hon’ble Judge on 19. L993”.

2. When these appeals came up for hearing, we considered it necessary to hear the writ petitions also, as the arguments in the writ appeals and in the writ petitions were going to be the same. Therefore by consent of both the parties, the writ petitions were directed to be posted along with these appeals. Accordingly, W.P.Nos.10663 to 10687 of 1993,10999 of l993,11557 of 1993 and 21082 of 1992 are also posted along with W.A.Nos.l032 of 1993 and 1039 to 1064 of 1993. We have heard all these writ petitions and writ appeals.

3. In the light of several contentions urged on both sides, the points that arise for consideration are as follows:

.(1) Whether the provisions of the Tamil Nadu Private Colleges (Regulation) Act, 1976apply to the appellant college, viz., Jawahar Science College?

.(2) Whether the resolution dated 6. 1993 passed by the University Syndicate is valid in law?

.(3) Whether the appointments made by Jawahar Science College by way of direct recruitment of Lecturers take effect only on the approval of the same by the Syndicate of the University of Madras or as per the terms of appointment order.

.(4) Whether the petitioners in W.P.Nos.10663 to 10687 are entitled to be regularised. Point No. 1: Jawahar Science College is an unaided private college. It has been established after the coming into force of the Tamil Nadu Private Colleges (Regulation) Act 1976 (hereinafter referred to as the Act) which came into force on 21st November, 1975. It has been started with the permission of the State Government accorded under G.O.Ms.No.873, Education, dated 26. 1986. Several conditions are imposed for permitting to open the col