Research › Search › Judgment

Madras High Court · body

2004 DIGILAW 1661 (MAD)

Loordhu Ammal Educational Trust v. University of Madras

2004-12-06

D.MURUGESAN

body2004
Judgment :- 1. The petitioner applied for grant of recognition for starting a new self-financing Education College in the name and style of “Our Lady College of Education” at Maduravoyal, Chennai – 102, for conducting the B.Ed. Degree Course for the academic year 2004-2005. The National Council for Teacher Education, Bangalore, granted recognition by its order dated 2.11.2004. 2. Thereafter, on 3.11.2004 the petitioner requested the respondent for grant of affiliation, but the respondent by the impugned order dated 22.11.2004 asked the petitioner to obtain No Objection Certificate from the Government of Tamil Nadu for starting of new self-financing college in the name and style of “Our Lady College of Education” at Maduravoyal, Chennai – 95, which would enable the respondent to proceed further in this matter. 3. The learned Counsel appearing for the petitioner submitted that after the National Council for Teacher Education Act has come into force, Section 5 of the Tamil Nadu Private College (Regulation) Act, 1976 requires prior permission become void and inoperative and that the said Section is repugnant to the provisions of the Central Act. 4. When I had an occasion to deal with the similar matter, in a batch of Writ Petitions in W.P.Nos. 27030 of 2004, etc., following the principles laid down by the Supreme Court in (1) State of Tamil Nadu and another v. Adhiyaman Educational and Research Institute and others, 1995 (4) SCC 104 ; (2) Thirumuga Kirupananda Variyar Thavathiru Sundara Swamigal Medical Educational and Charitable Trust v. State of Tamil Nadu and others, 1996 (3) SCC 15 ; and (3) Jaya Gokul Educational Trust v. Commissioner and Secretary to Government Higher Education Department , 2000 (3) CTC 165 : 2000 (5) SCC 231 , by order dated 25.11.2004, I have held that after the National Council for Teacher Education Act, which has been enacted by the Central Government in exercise of power under Entry 56 of List I of 7th Schedule, came into force, the provisions of the State Act, which are inconsistent with the provisions of the Central Government Act, shall be void and inoperative. 5. Further, the Madras University Act does not contemplates prior permission from the State Government as a condition precedent for starting a new college. 5. Further, the Madras University Act does not contemplates prior permission from the State Government as a condition precedent for starting a new college. In exercise of power under Section 29 of the Madras University Act, statute has been framed in para 1, Chapter XXVI, Laws of University, which reads as follows : “Any Educational agency which purposes to start an Arts and Science College or an approved college shall obtain orders of the State Government permitting the agency to start the college, as per provisions of Tamil Nadu Private Colleges (Regulation) Act.” 6. In view of the above said judgments of this Court and the Supreme Court, it is declared that the above said statute is repugnant to the provisions of the Central Act. 7. In view of the above, the impugned order of the University insisting prior permission of the State Government for grant of affiliation cannot be sustained and therefore, the same is set aside. The respondent is directed to consider the application of the petitioner for grant of affiliation for B.Ed. Degree Course for the academic year 20042005 without reference to the prior permission from the State Government, but of course, subject to compliance of the conditions for grant of affiliation which are n ot inconsistent with the provisions of either “NCTE Act” or the regulations made thereunder. 8. With the above direction, the Writ Petition is allowed. No costs, Consequently, connected WPMPs are closed.