C.B.M. COLLEGE BY ITS SECRETARY AND ANR. Vs. THE FEDERATION OF COLLEGE EMPLOYEES ASSOCIATION, REPRESENTED BY ITS SECRETARY

JUDGEMENT

(1.) The defendants 1 and 2 are the appellants in the second appeal. The suit was filed for declaration and junction. The plaintiff is the Federation of College Employees' Association represented by its Secretary M. Natarajan, the defendants are C.B.M. College represented by its Secretary and its Principal. The declaration sought for is that the admission for the year 1994 -95 made by the second defendant Principal without the aid of the selection committee is null and void. Consequently, the second defendant should be prevented from admitting students to various courses without the aid of the selection committee. The Subordinate Judge, Coimbatore, granted the reliefs as prayed for. On appeal to the District Judge, Coimbatore, the appeal was partly allowed i.e. the decree of declaration that the admission for the year 1994 -95 was null and void was set aside. However, the injunction not to admit the students without the aid of the selection committee by the principal was not disturbed. Hence the defendants, the college and the Principal have preferred the second appeal.

(2.) The substance of the contention of the plaintiffs are that the Government of Tamil Nadu issued G.O. No. 533 Education dated 16.5.1990 and G.O. NO. 519 Education dated 24.4.1991. Based on the same, the Director of Collegiate Education in his proceedings in R.C. No. 20262/Ha/8/91 dated 6.5.1991 fixing the guidelines for admission of students in Arts and Science Colleges. As per the said guidelines all the colleges in Tamil Nadu should constitute a selection committee comprising principal and two senior most members of the faculty for the selection of candidates for admission by the principal. The senior most Scheduled Caste/Scheduled tribe staff must also be co -opted for the selection of degree courses and post -graduate course. The Director of Collegiate Education issued his proceedings in R.C. No. 24863/P493 dated 30.4.1993 containing guidelines for admission to aided Colleges. Again on 12.5.1994 also, the Director of Collegiate Education issued proceedings No. Rc. 3680/p4/94 But in the first defendant college, the admission were done only by the second defendant during the academic year 1994 -95. Hence the suit was filed.

(3.) The defence was that the plaintiff has no locus standi to file suit. The contravention of the guidelines can be dealt with by the Education Department. The power of admission vests only with the principal. The guidelines issued are contrary to the rules framed under the Private College Regulation Act. The suit has been filed only to harass and humiliate the first defendant. Since the admissions were made in the interests of students before the issue of injunction the consequent injunction is infructuous. There is no cause of action for the suit as the guidelines were not circulated to the private colleges for the admissions during 1994 -95.