UNIVERSITY OF MADRAS Vs. SHANTHA BAI

JUDGEMENT

(1.) This is an appeal by the University of Madras against the judgment of Subba Rao J. in W.P. No. 341 of 1951 and the point for determination is whether the directions issued by the appellant to the affiliated colleges not to admit girl students without obtaining the permission of the Syndicate are valid. For a correct appreciation of the true scope and significance of those directions, it is necessary to state the conditions under which they came to be given. Until recently, the number of girl students who sought higher education in the colleges was inconsiderable and the women's colleges that were in existence were quite ample to provide for their needs. Latterly there has been a large increase in their number and as the existing women-colleges were not sufficient to accommodate them, colleges which were admitting only boys also began to admit girls. Co-education became so general that by 1943 the Syndicate considered it desirable to frame certain rules for regulating the admission of women students in such mixed colleges. Women could be admitted only with the prior sanction of the Syndicate and the maximum number that could be admitted was fixed by the Syndicate on the basis of the amenities and facilities such as separate hostel, playgrounds and the like provided by the college. In 1945 a Commission was appointed in accordance with Section 16 (12) of the Madras University Act to report on the state of higher education and its progress in the State of Madras. The Commission went into the question of women's education and set out its views in Chapter VIII of the report. It noted with gratification that the education of women had advanced rapidly in recent years' and observed that notwithstanding the increase in the number of women's colleges "they have been unable to accommodate the rapidly increasing number of applicants seeking collegiate education in every branch." Next, after referring to the Rules prescribed by the Syndicate in 1943, the report went on to state that

(2.) Now, turning to the facts of this case, in 1949 a new college called the Mahatma Gandhi Memorial College was founded in the town of Udipi and affiliated to the University of Madras. While granting affiliation, the Syndicate gave permission for the admission of only 10 girl students in the Junior Intermediate class as a temporary measure for that year and directed that in future no women students should be admitted without the special sanction of the syndicate. On 24-7-1951, the petitioner Shantha Bai applied for admission to the Intermediate course in this college, but her application was refused by the Principal on the ground that girl students would not be admitted, Thereupon, she filed the petition out of which the present appeal arises for the issue of a writ of mandamus against the Principal of the College to admit her to the Intermediate course. The first respondent to this application was the University of Madras and the second, the Principal of the college. The affidavit in support of the petition stated that the second respondent had refused to admit the petitioner as a result of the directions given by the first respondent not to admit women into the college; that those directions were opposed to Section 5(1) of the Madras University Act, 7 of 1923 and that they were also repugnant to Article 15(1) of the Constitution, in that they discriminated against the applicant on the ground of sex and therefore void. On these allegations it was prayed that a writ of mandamus be issued directing the second respondent to admit the petitioner in the college. No relief was claimed against the University of Madras, but its Joinder as the first respondent was obviously with a view to obtain a Judicial determination in its presence that the directions issued by it art not valid. The second respondent appeared by counsel, but did hot contest the application. The University of Madras filed a counter-affidavit stating that the directions given by it were based on considerations of practical convenience and were neither discriminatory nor unjust, that they were not opposed either to Section 15(1) of the Madras University Act or Article 15(1) of the Constitution and that the matter wes governed by Art 29 of the Constitution and not by Article 15(1) that no right of the petitioner had been invaded and that the application was liable to be dismissed.

(3.) The petition was heard by Subba Rao J. He overruled the contention that the directions given by the University were in contravention of Section 5(1) of the Madras University Act 7 of 1923 which so far as it is material is as follows: