ORDER :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records relating to the impugned order of the respondent in G.O.Ms.No.5, Higher Education (H1) Department, dated 11.01.2021 and quash the same as illegal.

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records relating to the impugned order of the respondent in G.O.Ms.No.5, Higher Education (H1) Department, dated 11.01.2021 and quash the same as illegal.

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records relating to the impugned order of the respondent in G.O.Ms.No.5, Higher Education (H1) Department, dated 11.01.2021 and quash the same as illegal.)

1. The common issue raised in the above three Writ Petitions is with respect to the applicability or enforcement of G.O.Ms.No.5, Higher Education (H1) Department, dated 11.01.2021 of the first respondent/State of Tamil Nadu represented by its Secretary, Higher Education (H1) Department, Chennai, on the petitioners in W.P.(MD)No. 13488 of 2021 and W.P.(MD)No.13495 of 2021 with specific reference to the regulation imposed on the tenure of the respective College Principals.

2. The petitioner in W.P.(MD)No.13488 of 2021, is the American College, Madurai and the petitioner in W.P.(MD)No.13495 of 2021, is Sadakathullah Appa College, Tirunelveli. G.O.Ms.No.5, Higher Education (H1) Department, dated 11.01.2021 had been passed by the Government of Tamil Nadu directing adoption with some modifications of the Regulation on Minimum Qualification for appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance and Standards in Higher Education, 2018 notified by the University Grants Commission (UGC) on 18.07.2018.

3. The Writ Petitioners in W.P(MD)No.13488 of 2021 and W.P.(MD)No.13495 of 2021 have raised contentions assailing G.O.Ms.No.5, whereas, the Writ Petitioner in W.P.(MD)No.19374 of 2021 had called upon the contesting respondents thereon to act in accordance with G.O.Ms.No.5 and had sought a Mandamus to be issued accordingly.

Brief facts:-

4. The petitioner in W.P.(MD)No.13488 of 2021, the American College is a minority educational institution and the Writ had been filed by the Governing Council represented by the Secretary, who, as a matter of fact, is also the Principal of the College. The College had been established in the year 1881 by Christian Missionaries/the American Mission and is affiliated to the third respondent/Madurai Kamaraj University. It is recognised as a minority educational institution by the Government of Tamil Nadu. It has hallowed past. It is the belief of the Governing Council that to maintain standards expected, a right has been guaranteed under the Constitution that there would not be direct or indirect interference with the administration of the College by any means whatsoever. The Writ Petition has been filed seeking to preserve such right and its autonomy to administer the College in the standards expected to be maintained.

5. The petitioner in W.P.(MD)No.13495 of 2021, Sadakathullah Appa College, is a religious minority educational institution established and administered by Sadakathullah Educational Society registered under the Societies Registration Act, 1860 (Act 21 of 1860). The College had been recognised by the Government of Tamil Nadu as a minority institution. It is claimed that the College caters to the higher education of the poor and rural students in Tirunelveli and adjoining districts. It offers graduate, post graduate, doctorate and research level programmes. It is affiliated to Manonmaniam Sundaranar University.

6. Both the Writ Petitioners are deeply aggrieved by a particular clause in the Regulation of UGC and in G.O.Ms.No.5 prescribing minimum qualifications for appointment of Teachers and other academic staff and measures fo