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2009 Supreme(Mad) 3006
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. JAICHANDREN
Association of Management of Private Colleges represented by its President Dr.M. Aruchamiand Secretary Versus
The Anna University rep. by its Registrar Academic Campus & Others
Writ Petition No.1864 of 2009
Decided on: 07-08-2009
For the Petitioner:P. Haridas, Senior Advocate, M/s. Puran Khemka, K. Shakespeare, R. Ananda Babu, K.S. Govindaprasad, Advocates. For the Respondents:R. Yashod Vardhan, Senior Advocate, R. Sivakumar, Mani Sundar Gopal, Advocate, M/s.G.M. Mani Associates, N. Muralikumaran, Dakshayani Reddy, N. Kavitha, Advocates.
Headnote:
The writ petition filed by the petitioner Association is not maintainable, in view of the subsequent developments that have taken place. The Syndicate of the first respondent University had already passed a resolution, dated 7. 2008, to approve the recommendations of the three Member Committee and to accord affiliation to B.Sc. and M.Sc. Courses, with certain conditions. In view of the fact that the resolution of the Syndicate, dated 7. 2008, had not been challenged, the present writ petition, seeking a writ of mandamus, is not maintainable in law.
Fact of the Case:
The petitioner Association is a society established under the Societies Registration Act, with society No.137 of 1961. The petitioner Association has been functioning for over forty years. The objects of the petitioner Association includes the making of representations to the educational authorities, such as, the Ministry of Education, Government of India, the Universities, both Indian and Foreign, the University Grants Commission, the State Government, the Departments relating to education and other bodies interested in the field of education, in respect of the problems, which are existing and those that may arise, from time to time and to secure the advancement and progress of Colleges and higher education in the country. It also has the object of promoting the interests of the private colleges, to safeguard their respective rights, privileges and liberties and in furtherance thereof, to take such steps as the circumstances may warrant, including the initiation of legal proceedings.
Finding of the Court:
The petitioner has not been in a position to show that the courses conducted by the Anna Universities and its affiliated colleges and Institutes are relating to subjects falling outside the meaning of the definition of Allied Sciences. It is not the case of the petitioner that the Anna Universities and its affiliated colleges and institutes are conducting courses and programmes, which are prohibited by the Anna Universities Acts. Further, the petitioner has not challenged the resolutions and the recommendations of the academic council and the syndicate of the Anna Universities. It is not for the petitioner Association to act as an expert body in classifying the subjects, by identifying them as those that are related to engineering and technology and those which are in the nature of pure Arts and Science. Since there is no clear-cut definition of the terms Allied Sciences in any of the enactments, it is for the academic experts, who are in the field of education to identify and to classify the subjects.
Issues: Whether the Anna Universities can conduct courses and give affiliation for courses like B.B.A., B.C.A., B.Sc., B.B.M., etc. which would not fall under the meaning of Allied Sciences.
Ratio Decidendi: The Anna Universities Acts empower the concerned Universities to conduct courses and to grant affiliation to colleges to conduct the courses relating to Allied Sciences. The Act does not prohibit the Universities from offering courses other than those defined under Section 2(g) of the All India Council for Technical Education Act.
Final Decision: Writ petition dismissed.
Heard the learned counsels appearing for the parties concerned.
2. This writ petition has been filed praying for a writ of mandamus to forbear the respondents 1 to 3 from running, conducting, approving, affiliating Arts and Science Academic Programmes, either by the said respondents or through its constituent, approved, affiliated or autonomous Colleges coming under their ambits, as per the concerned Anna University Acts.
3. It has been stated that the petitioner Association is a society established under the Societies Registration Act, with society No.137 of 1961. The petitioner Association has been functioning for over forty years. The objects of the petitioner Association includes the making of representations to the educational authorities, such as, the Ministry of Education, Government of India, the Universities, both Indian and Foreign, the University Grants Commission, the State Government, the Departments relating to education and other bodies interested in the field of education, in respect of the problems, which are existing and those that may arise, from time to time and to secure the advancement and progress of Colleges and higher education in the country. It also has the object of promoting the interests of the private colleges, to safeguard their respective rights, privileges and liberties and in furtherance thereof, to take such steps as the circumstances may warrant, including the initiation of legal proceedings.
4. It has been further stated that, initially, the University of Madras was established on the 5th of September, 1857, by an Act of the Legislative Council of India. Later, it was consolidated, under the University of Madras Act, 1923, catering to higher education. It has been serving as an affiliating University for Arts and Science, Medical and Engineering Colleges. In the year, 1978, the Anna University Act came to be enacted. Accordingly, the Anna University was set up at Chennai, as a Unitary University, on 4th of September, 1978, catering to Engineering and Technology. The Amendment Act of 2001 made it an affiliating University for the Engineering Colleges in Chennai. It integrated 4 well known technical institutions in the city of Chennai, the oldest of which was the College of Engineering, Guindy, started in the year, 1974. The Anna University was originally called as Perarignar Anna University of Technology. In the month of December, 2001, it was converted into an affiliated University with almost all the engineering colleges in State of Tamil Nadu coming under its fold and it had also absorbed all the six Government Engineering Colleges in the State of Tamil Nadu, as its constituent Colleges. Thus, marking a scientific division of Arts and Science Colleges, on the one hand and Engineering and Technology colleges, on the other hand.
5. It has been further stated that the Anna University had expanded into four different universities, namely, the Anna University-Chennai, the Anna University-Coimbatore, the Anna University-Trichirapalli, and the Anna University-Tirunelveli. The Government of Tamil Nadu had established the Anna University-Coimbatore, on 2. 2007, in accordance with the Anna University, Coimbatore Act, 2006. It has three Government Engineering Colleges, two Government Aided Engineering Colleges and 103 Self Financing Engineering Colleges under its fold. In addition to the existing Colleges, 43 new Engineering Colleges are likely to be started under the Anna University, Coimbatore, for the ensuing academic year. Nearly 75,000 aspiring engineering graduates are studying in these Institutions.
6. It has been further stated that the Anna University, Coimbatore, is a Technical University, coming under the purview of the All India council for Technical Education Act, 1987 (Act No.52 of 1987) and it has started to offer a series of programmes in B.Sc. M.Sc. B.B.A. B.C.A. courses, which are not within the list of the All India Council for Technical Education approved courses,
