M REETHAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) BOTH the above appeals arise out of a common order of the learned single Judge dated 6.1.92 made in W.P.Nos.1 1762 of 1989 and 6693 of 1990. The unsuccessful petitioner in W.P.No. 11762 of 1989 and the fourth respondent in W.P.No.6693 of 1990, filed by the management of the minority institution, has filed the present writ appeals. For the sake of convenience, the parties are referred to as in W.A.No.972 of 1992.

(2.) IN both the writ appeals, the following points arise for our consideration. (1)Whether Rule 11(4)(i) and (ii) of the Tamil Nadu Private Colleges (Regulation) Rules, 1976 framed under Section 53 of the Tamil Nadu Private Colleges (Regulation) Act, 1976 is ultra vires of the Constitution of INdia inasmuch as the said rule is also made applicable to the minority educational institutions" (2)Having framed the said Rule, whether the State Government is empowered to relax the same"

(3.) IN the judgment in Rev.Sidhrajbhai Sabbaj and others v. State of Gujarat and another, AIR 1963 SC 540" and the Supreme Court in paragraph 10 of the judgment observed thus:-