A N PARASURAMAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The question involved in these appeals relates to the vires of the Tamil Nadu Private Educational Institutions (Regulation) Act, 1966, hereinafter referred to as the Act. The appellants are interested in running educational institutions, which are covered by the expression "private educational institution" within the meaning of S. 2(f) of the Act. The main challenge is directed against Ss. 2(c), 3(a), 3(b), 6, 7 read with 15, 22 and 28. The High Court struck down S. 28 and upheld the other sections. That part of the judgment where S. 28 has been declared to be invalid has not been impugned by the respondent-State.

(2.) The provisions of the Act which are relevant for appreciating the ground urged by the appellants are as follows. Section 3 mandatorily requires a private educational institution to obtain the permission of the competent authority for the purpose of running it. The Manager of such an institution has to, as required by S. 4, make an application for permission in the prescribed form accompanied by a fee. Section 6 lays down the power of the competent authority to deal with such an application in the following terms:

(3.) The Act is impugned on the ground that it does not lay down any guideline for the exercise of the power by the delegated authority, as a result of which the authority is in a position to act according to his whims. The Act having failed to indicate the conditions for exercise of power, the decision of the competent authority is bound to be discriminatory and arbitrary. It has also been argued that the restrictions put by the Act on the appellants, who are running tutorial institutions are unreasonable and cannot be justified under sub-clause (g) of Article 19(1) of the Constitution.