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2015 Supreme(Mad) 2270

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. RAVICHANDRABAABU, J.
Joint Action Committee, of AUT Units of Pachaiyappa's Trust Colleges – Applicant
Versus
Government of Tamil Nadu, Rep. by its Secretary, Department of Higher Education & Others – Respondents
Original Application No. 565 of 2015
Decided On : 1.7.2015

Advocates:
Advocate Appeared:
For Applicant: Mr. V. Ajoy Khose.
For Respondents:Mr. A.L. Somayaji, Advocate General, Mr. D. Krishnakumar, Special G.P. and Mr. A. Navaneethakrishnan, Senior Counsel, Mr. M. Jothi Kumar and Mr. M. Devendran.

Headnote:Tamil Nadu Private Colleges (Regulation) Rules, 1976, Rule 25 – The present case plaintiff alleged that the admission of students in Aided courses and self financing courses in The six Trust Board under management quota should be stopped and respondent 5 to 12 (their officials) must be accounted and directed for the same-The court held that until the government order is not rejected by court in this respect the applicants are not allowed to alleged that the respondent should be accounted for admission as Rule 25 of The Rules clearly empowers to have seat under management quota for both self financing bodies and Aided institutes- An attempt earlier was made to allege the same under Rule 25 to 27 in Tamil Nadu Private Colleges (Regulations) Rules which was too rejected by court and was said that it does not based on merits –The Application dismissed.

ORDER

1. O.A. No. 565 of 2015 is filed for interim injunction restraining respondents 5 to 12 and their subordinates and other officials who are responsible for admitting the students to any aided/self-financing courses in the six Trust Board Colleges, from admitting any student to the aided courses and self-financing courses under the Management Quota, except to the extent of 10% of seats in self-financing courses and from collecting any fee or donation over and above the fee fixed by the Government for aided courses and self-financing course.

2. Application No. 3567 of 2015 is filed for a direction to the respondents 5 to 12, their officials, subordinates and the persons responsible for admission of students to any aided/self financing course in the six Trust Board Colleges, to fill up all the seats in both aided courses and self-financing courses in each of the six Trust Board Colleges, except to the extent of 10% of seats in self financing courses, by receiving single application and following the rules of reservation and strictly and purely on merits for the academic year 2015-2016 and in future, as per the directions and guidelines issued by the Government and to admit each students to the seats under 10% quota for the self-financing courses, with the approval of the respected Advocate General, High Court, Madras and after issuing receipts for collection of fee etc., from each of those students/parents and to bring the entire amounts to the accounts and the funds of each college and to utilise the entire funds only for promotion, improvement and development of the respective College.

3. This Court, by order dated 05.06.2015, granted interim order to the effect that there shall not be any admission made under the Management Quota in respect of self-financing courses, exceeding 10%, and the said interim order was extended periodically and is still in force.

4. The applicant is the Joint Action Committee of AUT Units of Pachaiyappa's Trust Colleges. The case of the applicant in short, is as follows:

(a) The Management and Administration of Panchaiappa's Charities is being run and administered by the Pachaiyappa's Trust Board, as per and in accordance with the Original Scheme Decree dated 19.7.1920 and 14.12.1920 and as modified by this Court by various orders issued on 16.07.1963, 04.01.2007 and 24.09.2008. The applicant association filed applications for appointment of interim administrator and for holding of election to elect and fill up five vacancies in the Trust Board. Accordingly, this Court by a common order dated 16.10.2012 issued a direction for appointment of an interim administrator and also directed the interim administrator to hold elections to fill up five vacancies in the Trust Board. The applicant also filed O.A. No. 148 of 2015 praying to declare the continuance of the Trustees after 8.10.2014. They have also filed interim applications for appointment of an interim administrator and appointment of Auditors to submit a report with regard to the financial irregularities and also for interim injunction pending disposal of the main Original application. This Court was pleased to order notice in the applications and the above Original Application and connected applications are still pending. Similarly, the applicant's association also filed an impleading application in O.A. No. 196 of 2015 filed by three of the trustees praying to allow them to continue as trustees. The said original application is also still pending.

(b) The Trust Board is also running six Arts and Science Colleges in Chennai, Kancheepuram and Cuddalore Districts. All the six colleges are aided colleges and are getting 100% aid from the Government for all the aided courses. As per Rule 25 of the Tamil Nadu Private Colleges (Regulation) Rules, 1976 and the Tamil Nadu Act 45 of 1994, each private college other than minority College shall have to follow the Rules of reservation of the Tamil Nadu Government.

(c) The Pachaiyappa's Trust Board is not


























































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