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2021 Supreme(Mad) 3171

SENTHILKUMAR RAMAMOORTHY
N. Lakshmanan – Appellant
Versus
Government of Tamil Nadu, rep. by its Principal Secretary, Higher Education Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T.Lajapathi Roy
For the Respondent: Mr.H.Arumugam, Mr.C.M.Arumugam, Mr. M. Thirunavukkarasu, Mr.Narasimhan, Mr.K.Esakki, Mr.P.Subburaj

ORDER :

1. At the core of this petition, by which an order dated 10.06.2021 of the second respondent is assailed, and indeed of the dispute between the contesting parties, is the interpretation of Sections 26 and 27 of the Tamil Nadu Private Colleges (Regulation) Act, 1976 (Act 19 of 1976) and the rules framed in respect thereof under the Tamil Nadu Private Colleges (Regulation) Rules, 1976 (the Rules).

2. The petitioner is the son of the late Narayanan Chettiar, who created the sixth respondent Trust, namely, the Narayanan Chettiar Trust through a registered Trust Deed dated 29.03.1957, bearing Document No. 144/1957 on the file of the Joint I, SRO, Madurai (South). The said Trust, the sixth respondent herein, is a public trust. The seventh respondent, the Saraswathi Narayanan College (the College), was established by the sixth respondent Trust in the year 1966. It is a Government aided College which is governed by Act 19 of 1976. Upon the entry into force of the said enactment, the admitted position is that the sixth respondent is the Educational Agency in respect of the College for the purposes of Act 19 of 1976.

3. By a Deed of Endowment dated 27.06.1967 (the First Endowment Deed),

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