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1997 Supreme(Mad) 202

KANAKARAJ, K.A.SWAMI
Lords and Angels Teacher Training Institute, represented by its Correspondent Mrs. Vasanthi – Appellant
Versus
State of Tamil Nadu represented by its Secretary to Government Education Department – Respondent


Advocates Appeared:
For the Petitioners:K.M. Venugopal, N. Muralikumar, A. Immanuel, Paulvasantha Kumar, Advocates.
For the Respondents: K.P.H. Thulasiraman Special Government Pleader, V.T. Gopalan, Senior Counsel for S. Udayakumar Additional Central Government Standing Counsel on behalf of the Government of India.

Judgment :-

KANAKARAJ, J.

1. All these writ petitions challenge the validity of Regulations 5(e) and 5(f) of the Regulations framed in exercise of the powers conferred under clauses (f) and (g) of Sub Section 2 of S. 32 read with Ss.

14 and 15 of the National Council for Teacher Education Act, 1993 (Act No. 73 of 1993 (hereinafter called as the ‘Act’). The said Regulations were framed by the National Council for Teacher Education. In some of the writ petitions, the prayer is to direct the Authorities to consider their applications for grant of recognition without reference to the Regulations 5(e) and 5(f) of the Regulations, meaning thereby that those Regulations are unconstitutional and as such cannot be given effect to. Thus, in substance, all the writ petitions relate to the validity of the said Regulations.

2. Though facts are not very material, all the same, no decision is complete, unless the facts leading to the necessity of the petitioners to challenge the Regulations are noticed and set out. In this view of the matter, we will refer to the facts in W.P. No. 1079 of 1996. That Writ Petition has been filed by an institution claiming to belong to the minority community. It was






































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