REGISTRAR ANNAMALAI UNIVERSITY Vs. C R LAKSHMIKANTHAN

JUDGEMENT

(1.) A sole and a common question that arose, for determination in W. P. 10305, 10847, 10889 and 10916 of 1981 is whether the Syndicate of the Annamalai University has got the power to pass a resolution shedding the under-graduate courses from the curriculum of the University. The above proceedings were brought by a member of the Tamil Nadu Legislative Council and a social worker, a parent, a Reader in English and member of the Syndicate Annamalai University, and a lecturer in Annamalai University respectively challenging the jurisdiction of the Syndicate of the Annamalai University to pass resolution No. 1 dated 5-9-1981 closing the under-graduate course from the curriculum of the University from October 1981. The common respondent is the Registrar of the University as representing the Syndicate, while in the last two petitions, the Government of Tamil Nadu represented by the Secretary to Education Department was impleaded as respondent 2. Mr. Justice Padmanabhan upheld the contention of all the petitioners and also incidentally opined that the principal authority to take a decision in the matter of shedding an under-graduate course is only the Academic Council and that after the Academic Council takes a decision in the matter it has to be placed before the Senate which has either to approve or disapprove the stand taken by the Academic Council. The aggrieved respondent., viz, the Registrar of the University had come forward with these appeals.

(2.) The appellant in all these four appeals is represented by the Advocate General, while the contesting respondents in the second appeal is represented by Mr. Sekkizhar, and the contesting respondents in the last appeal by Mr, Karuppan, and the contesting respondent in the other two appeals by Mr. R. Gandhi. All the learned counsel agree that the Annamalai University Act Madras Act 1 of 1929, as amended by Madras Act 10 of 1943, was not subject to scrutiny by this Court, so far save in the judgment under appeal.

(3.) The said University is a magnificent monument of benefaction and foresightedness of its founder Raja Sir Annamalai Chettiar. The three colleges, viz, Meenakshi College, a Tamil college and a Sanskrit college, all established by him together with his princely donation of Rs. 20 lacs formed the nucleus of the University.