Madras High Court
Joint Action Committee vs The Government Of Tamil Nadu on 1 July, 2015
Author: K.Ravichandrabaabu
Bench: K.Ravichandrabaabu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2015
CORAM:
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU
Original Application No.565 of 2015
Joint Action Committee,
of AUT Units of Pachaiyappa's Trust Colleges,
rep. by its Secretary Tmt.Dr.P.Shanthi,
134, Rama Lane,
Nungambakkam, Chennai-34. .. Applicant
Vs.
1. The Government of Tamil Nadu,
rep. by its Secretary,
Department of Higher Education,
Fort St.George, Chennai-9,
2. The Advocate General,
High Court, Madras.
3. The Commissioner of Revenue Administration,
Chepauk,
Chennai-5.
4. The Director of Collegiate Education,
DPI Compound,
Chennai-6.
5. The Pachaiyappa's Trust Board,
Rep. by its President/Chairman,
Pachaiyappa's College Campus,
Chennai-30.
6. The Financial Trustee,
Pachaiyappa's Trust Board,
Pachaiyappa's College Campus,
Chennai-30.
7. The Principal,
Pachaiyappa's College,
Chennai-30.
8. The Principal,
CKN College for Men,
Anna Nagar, Chennai.
9. The Principal,
Chellammal College for Women,
Guindy,
Chennai-32.
10. The Principal,
Pachaiyappa's College for Women,
Kancheepuram.
11. The Principal,
Pachaiyappa's College for Men,
Kancheepuram.
12. The Principal,
CKN College for Women,
Cuddalore. .. Respondents
Original Application No.565 of 2015 is filed and Judge's Summons issued under Order 14 Rule 8 of the Original Side Rules of this Court, read with Order 39 Rules 1 and 2 of CPC to grant an order of interim injunction restraining the 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 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 courses, pending disposal of the application.
For applicant : Mr.V.Ajoy Khose
For respondents: Mr.AL.Somayaji, Advocate General, assisted by
Mr.D.Krishnakumar, Spl.G.P. for RR-1 to 4
Mr.A.Navaneethakrishnan, Senior Counsel,
assisted by
Mr.M.Jothi Kumar and Mr.M.Devendran
for RR-5 and 6
ORDER
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 a private management or educational agency. On the other hand, it is a public trust. Thus the trust is not to indulge in or involve in any trade or business or profession or occupation. The object of the Trust Board is also not to make any profit from out of its trust activities. Therefore, the management quota made available for aided courses and self financing courses as per the Rules framed under the Tamil Nadu Private Colleges (Regulation) Rules,1976, are not available to the Pachayappa's Trust. In all the six Trust Board Colleges, totally 3072 seats are available in aided courses. Similarly, there are 2999 seats available in self-financing courses. 10% of the Management Quota seats in aided courses comes to 309 seats. Similarly, 50% of the Management Quota seats in self-financing courses come to 1501 seats. Therefore, if all the seats are filled up on merits and by following the Rules of reservation, without allotting any seat under the management quota, poor students will be benefited and would get admission in the six Trust Board Colleges.
5. In this interim application, counter affidavit is filed by the President of the Pachaiyappa's Trust Board, wherein it is stated as follows:-
(a) The Pachaiyappa's Trust is running six colleges in which Arts and Science Courses are Government aided. Self-financing courses are also offered in UG Level and PG level, including Ph.D. and M.Phil courses. Insofar as the aided courses are concerned, Government aid is being given for payment of salaries for teaching and non-teaching staff, while the other commitments are being met out by the management. Insofar as self- financing courses are concerned, the entire expenditure such as payment of salaries to teaching and non-teaching staff as well as other expenses are being solely met out by the management. The administration and control of aided colleges are governed under the provisions of Tamil Nadu Private Colleges (Regulation) Act and its Rules. Rule 25 of the said Rules stipulates the reservation of seats in a private college regarding admission of students and the said Rule is being followed for admitting the students for well over several years.
(b) The Government has been issuing guidelines for admission of students for every academic year, in aided and unaided institutions. Insofar as the present academic year is concerned, G.O.(1D) No.101, Higher Education (G1) Department dated 17.4.2015 was issued stipulating the guidelines for the admission of students in UG and PG courses in Government aided and unaided Arts and Science Colleges for the academic year 2015-2016. Under the said guidelines, insofar as aided institutions are concerned, 90% of the seats will be filled up by the Government and only 10% are being alloted for Management Quota. In respect of unaided self-financing courses offered by private colleges are concerned, 50% seats are allotted to the Management Quota. Now, based upon the above said guidelines issued by the Government, the Management is proceeding with the admission and therefore, there is no illegality or impropriety in admitting the students as alleged by the applicant.
6. The applicant has filed a rejoinder affidavit disputing the contentions raised in the counter affidavit.
7. The learned counsel appearing for the applicant submitted as follows:
One P.T.Lee Chengalvaraya Naicker Trust was originally under the control of the Pachaiyappa's Trust and in respect of the Colleges run by P.T.Lee Chengalvaraya Naicker Trust, this Court passed an order in Application No.2519 of 2011 in C.S.No.242 of 1986 dated 9.6.2011 directing the Trust therein to fill up the seats in accordance with the Government guidelines, purely on the basis of merits after applying the Rule of reservation. The said order taken by way of appeal in O.S.A.No.194 of 2011 before the Division Bench of this Court was modified by an order dated 30.6.2011 to the effect that in the aided courses there shall be no admission under management quota and in so far as admission of students in management quota in respect of self-supporting courses is concerned, it shall be upto 10% of total number of seats in Management Quota. By following the above said decision, similar directions are to be passed in this proceedings as well. Rules 25 to 27 of the Tamil Nadu Private Colleges (Regulation) Rules appear to have been struck down.
8. The learned Advocate General, who has been arrayed as a party respondent in this proceedings, submitted as follows:-
(i) The prayer in the interim application and the first part of the prayer in the main application are one and the same and therefore, such prayer by way of interim relief cannot be considered and granted at this stage. Even otherwise, under Section 53(f) of the Tamil Nadu Private Colleges (Regulation) Act, 1976 the Government is empowered to make rules in respect of admission of students in private colleges. In exercise of such power, Rules 25 to 27 of the said Rules were framed, of which Rule 25 deals with reservation of seats in private colleges. As per the said Rule, for admission of students under management quota 10% seats are reserved for aided courses and 50% for unaided courses.
(ii) Even assuming that the Rules have been struck down as contended by the applicant, the Government has power to issue guidelines, administrative instructions by way of passing Government Orders and accordingly, G.O.(1D) No.101, Higher Education (G1) Department dated 17.4.2015 came to be passed wherein and whereunder guidelines were issued to the aided/unaided Arts and Science Colleges for the academic year 2015-2016. As per the guidelines issued under the said Government Order, more particularly, guideline No.14, the Rule of Reservation has been clearly stated to the effect that 90% of the seats in the cases of Aided Non-Minority Colleges shall be filled up by the Government and 50% of the seats in the cases of Unaided, Private (Self-financing) Colleges shall be filled up by the Government. In other words, 10% of the seats in case of Aided Non-Minority Colleges and 50% seats in the case of Private Self Financing Colleges can be filled up by the management.
(iii) By contending so, the learned Advocate General relied on the Division Bench Judgment of this Court, in the case of - Federation of the Catholic Faithful, rep. by its General Secretary Vs. Government of Tamil Nadu rep. by its Secretary, Higher Education Department, Chennai and others, reported in 2014 (4) CTC 432.
9. Mr.A.Navaneethakrishnan, learned Senior Counsel appearing for the Trust Board adopted the submissions made by the learned Advocate General and reiterated the contentions raised in the counter affidavit filed by the Management.
10. Heard both sides.
11. The point for consideration in this application is as to whether the interim injunction has to be issued as sought for in this interlocutory application pending disposal of the main Original Application.
12. The main contention of the learned counsel appearing for the applicant is that in similar matter this Court has passed an order in the case of P.T.Lee Chengalvaraya Naicker Trust. No doubt, a perusal of the said decision shows that the Management therein was instructed not to make any admission under the Management Quota in the aided courses and insofar as the admission of students in the Management Quota is concerned, in respect of self-finance courses, the Management therein was permitted to fill up with 10% quota. It is seen that the above order of the Division Bench came to be passed on 30.6.2011. Further, a perusal of the said order shows that the same came to be passed in respect of such institutions run by such Trust alone and not as a general direction issued to all similarly situated institutions. A further perusal of the said order also shows that the relevant provisions of law, namely Sections 25 and 53(f) of the Tamil Nadu Private Colleges (Regulation) Act, 1976, have not been brought to the notice of the learned Judges therein, as I could find that there was no discussion or finding rendered in respect of the above said relevant provisions of law dealing with the rules of reservation for the Management Quota, insofar as the aided courses and self-financing courses are concerned. Therefore, this Court is not in a position to accept the contention of the learned counsel for the applicant that the same direction should be given in this case also, especially when the respondent-Management herein as well as the learned Advocate General strongly rely on the above said provisions of law, more particularly, in respect of the power conferred on the Government under Section 53(f) of the said Act. Even otherwise, the contention of the applicant cannot be accepted, since the Government thereafter passed G.O.(1D) No.101, Higher Education (G1) Department dated 17.4.2015, issuing guidelines for admission of students in Government aided/unaided Arts and Science Colleges for the academic year 2015-2016 and the same is in force as on date. As rightly pointed out by the learned Advocate General, the Government is empowered to issue such guidelines under Section 53(f) of the Tamil Nadu Private Colleges (Regulation) Act, 1976 . For proper appreciation, Section 53 is extracted hereunder:
"Power to make rules:-
(1) The Government may make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
(a) all matters expressly required or allowed by this Act to be prescribed;
(b) the form of applications and the statements under this Act and the particulars which such application and statement shall contain;
(c) the establishment and maintenance of private colleges;
(d) the giving of grants to private colleges;
(e) the grant of permission under sub-section (1) of section 5;
(f) the admission of students in private colleges including special provision for the advancement of socially and educationally Backward Classes of citizens and the Scheduled Castes and the Scheduled Tribes.
Explanation:- In this clause, "Scheduled Castes" and "Scheduled Tribes" shall have the same meaning as in the Constitution;
(g) the manner in which accounts, registers and records shall be maintained in private colleges and the authority responsible for such maintenance;
(h) the submission of returns, statements, reports, and accounts by educational agencies of private colleges;
(i) the purposes of the private college for which the premises of the private college may be used and the conditions subject to which such premises may be used for any other purpose;
(j) the conditions subject to which donations or contributions from the public may be accepted for the purposes of private colleges and the naming of private colleges;
(k) the procedure and the disposal of the business of the Tribunal."
13. Therefore, a perusal of the above provision of law shows that the Government is empowered to issue guidelines and accordingly the said G.O.(1D) No.101, Higher Education (G1) Department dated 17.4.2015 came to be passed. Guideline No.14 of the said Government Order which deals with the rule of reservation, reads as follows:
"14. Rule of Reservation:
The admission shall be made purely on the basis of merit subject to the rule of reservation of the Government of Tamil Nadu.
1) 31% for Open Competition (OC)
2) 30% for Backward Classes (BC) within this 3.5% is earmarked for Muslims.
3) 20% for Most Backward Classes (MBC) and De notified Communities (DNC) 4) In the 18% for Scheduled Castes (SC), 3% of seats offered to Arunthathiyars (within the seats reserved for SC) 5) 1% for Scheduled Tribes (ST) The rule of reservation will apply to : a) 100% of seats in Government Colleges. b) 50% of seats in the case of Aided Minority colleges. c) 90% of seats in the cases of Aided non- minority colleges d) 50% of seats in the cases of Unaided Private (Self-financing) colleges.
e) 50% of seats in the Unaided (Self- financing) courses offered by the Aided Colleges.
(f) In respect of both Aided Courses and Unaided Courses in minority Colleges, 50% of seats shall be filled by students belonging to minority concerned and the balance 50% of the seats shall be filled by following the rule of reservation.
However, wherever number of applications from minority communities is less than 50% of total seats, the remaining minority quota shall be filled up following the rule of reservation."
14. When such Government Order is passed, that too, for the academic year 2015-2016, and when such order is in force and binding on the Management, unless and until such Government Order is challenged and set aside by the Court, the applicant cannot be permitted to contend that the respondent-Trust is not entitled for Management Quota as stipulated under the said guidelines. Further, Rule 25 of the said Rules clearly empowers the Management to have its Quota both under aided and self-financing courses as stipulated therein. Even though an attempt is made to contend as though Rules 25 to 27 Tamil Nadu Private Colleges (Regulation) Rules were struck down by this Court, no judgment is placed before me to establish the same or in support of such contention. Therefore, this Court is not in a position to accept the contention of the applicant to that effect. Rule 25 of the Tamil Nadu Private Colleges Regulation Rules, 1976 reads as follows:
"Rule 25--Reservation of seats in private colleges:- There shall be reservation of seats in all private colleges regarding admission to students at the following ratio, namely:-
(a) In respect of aided college (Non-minority), the management is authorised to fill up students upto ten per cent as management quota. The remaining ninety per cent quota shall be filled up following the reservation as specified in Section 4 of the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994).
(b) In respect of aided minority college and unaided college including minority college, the management is authorised to fill up students up to fifty per cent as management quota. The remaining fifty per cent quota shall be filled up following the reservation as specified in Section 4 of the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of Appointments or Posts in Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994)."
15. Even otherwise, as submitted by the learned Advocate General, even in the absence of Rules 25 to 27 of the Tamil Nadu Private Colleges (Regulation) Rules, in view passing of the Government Order in G.O.(1D) No.101, Higher Education (G1) Department, dated 17.4.2015, as per Section 53(f) of the said Act, the applicant cannot be permitted to contend otherwise, when such Government Order permits reservation of Management Quota.
16. The learned Advocate General further relied on a Division Bench judgment of this Court in the case of - Federation of the Catholic Faithful, rep. by its General Secretary v. Government of Tamil Nadu rep. by its Secretary, Higher Education Department, Chennai and others, reported in 2014 (4) CTC 432 - and in paragraph 16 therein, it was observed as follows:
"16. In the considered opinion of the Court, the judgment reported in Sindhi Education Society's case (cited supra) (Sindhi Education Society Vs. Chief Secretary, Government of NCT of Delhi (2010 (8) SCC 49) is squarely applicable to the facts of this case for the reason that as per the impugned Government Order, Rule of Reservation is applicable to admission of students to Undergraduate/ Postgraduate Courses in respect of 50% of seats in the case of aided minority colleges, 90% of seats in the cases of Aided Non-Minority colleges, 50% of seats in the case of Unaided Private (Self-financing) colleges and 50% of seats in the Unaided courses offered by the Aided Colleges. As per Clause 14(f) of the said Government Order, in respect of both Aided Courses and Unaided Courses in minority Colleges which are under the direct administration of Regional Joint Director of Collegiate Education, 50% of seats shall be filled by students belonging to minority concerned and the balance 50% of the seats shall be filled by following the Rule of Reservation. In the light of the above said judgment, even in respect of aided courses run by minority colleges, there cannot be any direction to follow the rule of communal reservation. "
17. A perusal of the above said decision shows that the rule of reservation as contended by the learned Advocate General has been recognized by the Division Bench of this Court.
18. Going by Rule 25 of the said Rules and also the Government Order in G.O.(1D) No.101, Higher Education (G1) Department, dated 17.4.2015, I am of the view that the present application is not having any merits. Even otherwise, the very same prayer is sought for by the applicant in the main O.A. itself, as stated supra.
19. Considering all the above aspects, I find no merits in this interim injunction application. Accordingly, the interim order already granted is vacated and consequently, O.A.No.565 of 2015 filed for interim injunction, is dismissed. No costs.
01.07.2015 (1/2) Index : Yes Internet: Yes tr/cs Copy to
1. The Sub-Assistant Registrar, Original Side, High Court, Madras.
2. The Secretary, Department of Higher Education, Fort St.George, Chennai-9,
3. The Advocate General, High Court, Madras.
4. The Commissioner of Revenue Administration, Chepauk, Chennai-5.
5. The Director of Collegiate Education, DPI Compound, Chennai-6.
K.RAVICHANDRABAABU, J O.A.No.565 of 2015 01.07.2015 (1/2)