THE DALIT CHRISTIANS EDUCATIONAL AND DEVELOPMENT TRUST Vs. THE SECRETARY TO GOVERNMENT, DEPARTMENT HIGHER EDUCATION AND ORS.

JUDGEMENT

(1.) The petitioner has filed this writ petition, seeking to quash the order of 3rd Respondent in MSU/CD/Fresh Affil/2014 dated 04.08.2014, in and by which the petitioner was directed to get the Government order for establishment of new college. The petitioner also sought a direction to the 3rd respondent university to consider and pass orders forthwith on the petitioners application dated 30.10.2013 for the grant of affiliation to the petitioner Arts & Science College Viz. Dr. Noble Christian College of Arts & Science including the final reminder dated 23.05.2015. The contention of the petitioner is that there is no requirement for the petitioner Trust to obtain any prior permission for establishing a new college in terms of the Tamil Nadu Private Colleges (Regulations) Act, 1976 (in short "the Regulations, 1976"). For the sake of convenience, Sections 5 and 8 of the Regulations, 1976 and Section 10 of the National Commission for Minority Educational Institutions Act, 2004 (hereinafter referred to as "the Act") are extracted below:

(2.) As per Section 10 of the Act, which is extracted supra, minority institutions will have to apply to the competent authority for getting NOC for commencing the college. As per the said Section, NOC will have to be obtained from the competent authority, which, as per the definition is known as any University or authority empowered by the Government in the respective States. It is more relevant to extract the definition to Competent authority as per the Regulations, 1976 as under:

(3.) A reading of the definitions, referred to above, it is clear that educational institutions insofar the petitioner is concerned, it is the State Government, which is governed by the local laws. That being the case, the impugned order passed by the University stating that the petitioner College will have to get NOC from the appropriate Government, which is mandatory for establishing a new college, is not correct under the Law, coupled with the fact that Section 8 of the Regulations, 1976 also stipulates that minority institutions need not seek any prior permission for establishing and administering any private college.