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2002 Supreme(Mad) 417

D.MURUGESAN, B.SUBHASHAN REDDY
M. Reethammal – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates Appeared:
Mr. K.Chandru, Senior Counsel for Mr.M. Muthupandian for 1st Appellant and appellant in both W.As. and for Mr. D.Bharathy for 2nd Appellant in W.A.No.971 of 1992 i Mr.A.L. Somayaji, Senior Counsel for Respondent No.5 in W.A.No.971 and for Respondent No.4 in W.A.No.972 of 1992; Mr.Kalyanaraman for M/s Aiyar & Dolia for Respondent No.6 in W.A.No.971 of 1992; Mr.V.R.Rajasekaran Special Government Pleader (Edn.) for Respondent Nos.1-3; in both W.As.Mr.A.D Jagadeesh Chandran, Advocate for Respondent No.4 in W.A.No.971 & Respondent No.5 in W.A.No.972 of 1992.

Judgment :-

D.Murugesan, J.

1. Both the above appeals arise out of a common order of the learned single Judge dated 6.1.92 made in W.P.Nos.1 1762 of 1989 and 6693 of 1990. The unsuccessful petitioner in W.P.No. 11762 of 1989 and the fourth respondent in W.P.No.6693 of 1990, filed by the management of the minority institution, has filed the present writ appeals. For the sake of convenience, the parties are referred to as in W.A.No.972 of 1992.

2. In both the writ appeals, the following points arise for our consideration. (1)Whether Rule 11(4)(i) and (ii) of the Tamil Nadu Private Colleges (Regulation) Rules, 1976 framed under Section 53 of the Tamil Nadu Private Colleges (Regulation) Act, 1976 is ultra vires of the Constitution of India inasmuch as the said rule is also made applicable to the minority educational institutions? (2)Having framed the said Rule, whether the State Government is empowered to relax the same?

3. The factual matrix that gives rise to the filing of the writ appeals are as follows. The appellant was appointed as a Typist in the year 1979 in St.Jude's College, Thoothur, Kanyakumari District, namely the fourth respondent. She had also passed the Accounts Test f
































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