Association of Self Financing Arts, Science and Management Colleges of Tamil Nadu vs State of Tamil Nadu

Honourable Mr. Justice K. Chandru

Both writ petitions were filed by the same Association of self financing Arts, Science and Management Colleges of Tamil Nadu represented by

its Secretary, Coimbatore. In the first writ petition in W.P. No. 8144 of 2007, the challenge is to the circular dated 16.2.2007 issued by the

Bharathiar University directing the affiliated colleges to have college committee and the procedure by which the committee should conduct the

proceedings and the constitution of the college council and norms for appointing teaching staff were prescribed. The writ petition was admitted on

6.3.2007. Pending the writ petition, this court had granted an interim stay. Subsequently, the interim stay was made absolute on the ground that the

university did not file any application to vacate the order and that the stay was in force for more than 3-1/2 years.

In the meanwhile, the same association filed the second writ petition being W.P. No. 37099 of 2007. In that writ petition, they have challenged

the order of the University dated 14.09.2007 which was a circular sent to the Principals of all affiliated colleges of Bharathiar University. The

affiliated colleges were required to fulfill certain norms for their affiliation. The petitioner contending that those norms were beyond the purview of

the university filed the writ petition, which was admitted on 14.12.2007. Pending the writ petition, this court had granted an interim stay of the

impugned order insofar as it relates to condition Nos. 1,5,8 and 12. The condition No. 1 was that the colleges should provide separate boys and

girls hostels before starting of the academic year 2008-2009. Condition No. 5 relates to fixation of affiliation fee of Rs. 1.5 lakhs for UG courses

and Rs. 2.5 lakhs for PG courses. Condition No. 8 relates to management paying UGC scale of pay for teachers and other staff engaged by them.

Condition No. 12 relates to the affiliated colleges constitute a selection committee for appointment of Principal and other teachers as per the UGC

norms.

On notice from this court, the university has filed a counter affidavit dated 24.2.2012 in respect of each of the writ petition. In the first counter

affidavit, it was stated that out of 105 affiliated colleges, only four are declared minority colleges. The control which the Government have was

already set out by the Supreme Court in T.M.A. Pai Foundation and Others Vs. State of Karnataka and Others, . It has been held that the

universities granting affiliation can lay down standards and conditions of affiliation. Under the Tamil Nadu Private Colleges (Regulation) Act, each

private college is bound to form a college committee u/s 14. The college committee has got power to administrate the college including

appointment of staff and taking disciplinary action. Therefore, it is not clear as to how the first writ petition is maintainable.

In the second writ petition, the university had reiterated those conditions to direct the management to pay UGC scale of pay for teachers and

other staff engaged by them. It is not clear as to how those conditions can affect the rights of the management to run the colleges. Under the

conditions for affiliation, the University can certainly impose conditions which are required to have academic excellence in the matter of running

private colleges. Apart from that some of the conditions found in the circular has overlapping over the provisions of the Tamil Nadu Private

Colleges (Regulation) Act. But that is in no way affect the rights of private colleges. Because what has been set out in the condition of affiliation like

forming a college committee and appointment of staff was already found in the Act. Therefore, they cannot find exception to the university

reminding the colleges about their obligation under law. The colleges in order to prepare the students for getting their degree from the university

which degree is recognized by the UGC, they are bound to comply with the conditions of recognition of the UGC. Further payment of salary to

teachers on par with the scale of pay of the UGC is the condition imposed by the UGC and the petitioner cannot deny their obligation to pay the

same salary to teachers, without which they cannot maintain their conditions of affiliation. In view of the above, the omnibus prayer sought by the

petitioner cannot be countenanced by this court. Hence both writ petitions will stand dismissed. No costs. Consequently connected miscellaneous

petition stands closed.