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1994 Supreme(Mad) 120

JANARTHANAM
R. M. Salam – Appellant
Versus
Government of Tamil Nadu rep. by its Secretry Education Department Fort St. , George Madras – Respondent


Advocates Appeared:
For the Petitioner:Dr. K.P. Krishna Shetty, Advocate.
For the Respondents: P. Shanmugham, Special Government Pleader (Education).

Judgment :-

1. The challenge in these actions, by one R.M. Salam, stated to be a social worker and Joint Secretary of the Tamil Nadu Congress Committee (I) is relatable to the Constitutional vires and validity of the two Bills, namely, the Madras University and the Annamalai University Bill, 1994 (Legislative Assembly Bill No. 4 of 1994) and the Tamil Nadu Universities Bill, 1994 (Legislative Assembly Bill No. 5 of 1994), to amend and consolidate the laws relating to Madras, Annamalai and certain other Universities in the State of Tamil Nadu and for matters, connected therewith and incidental thereto, recently passed by the Tamil Nadu Legislative Assembly, replacing the Governor by the Chief Minister, as Chancellor of all the Universities in the State and more particularly, Cls. 1O

(1) and 24(1) of both the Bills and Cle. 2(11) of the earlier Bill.

2. The emergence of such a challenge is founded on manifold grounds thus:

(1) After the 42nd Amendment to the Constitution, ‘education’ had been brought under Concurrent List (Entry 25 of List III of the Seventh Schedule) and the State had no competence to pass legislation, pertaining to Universities and Institutes of/Higher Education, in
































































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