TMT KANNAMMAL EDUCATIONAL TRUST Vs. UNIVERSITY OF MADRAS

JUDGEMENT

(1.) The petitioner herein is one of the trustees of Tmt. Kannammal Educational Trust. In the affidavit filed in support of the writ petition, the petitioner trustee has stated that the Trust decided to start a Law College at Madras under the name and style of the Tamil Nadu Law College from the Academic Year 1994-95. It is stated that the trust possesses sufficient land, building funds and all other infrastructural facilities to start the said Law College on a self-financing basis. After having made all such arrangements, the petitioner made an application to the Bar Council of India on 1-4-1994 requesting the @page- Mad304 Bar Council of India to grant permission to start the college in the City of Madras. In response to the said application, the Bar Council of India sent a copy of the questionnaire which was directed to be filled and re-submitted to the council through the University. It is further stated that the petitioner complied with the said requirements and also paid a sum of Rs. 15,000/- towards inspection fees. The Bar Council of India appointed an inspection team and the said team inspected the premises of the petitioner-Trust on 9-8-1994 and after the inspection by a proceeding dated 19-8-1994 the Bar Council of India granted permission to the petitioner-Trust to run 5 years Law Course only from the Academic Year 1994- 95. It is also stated that the Bar Council of India permitted the petitioners to admit students in the first year class for the current session, i.e., 1994-95. The petitioner-Trust made an application to the University of Madras, the respondent herein for affiliation of the college for the year 1994-95 on 2-8- 1993. The University of Madras by its communication dated 22-9-1994 rejected the application. The said letter reads as follows :- From The Registrar, University of Madras.To The Chairman, Tmt. Kannammal Educational Trust, Madras-600 017.Sir,Sub: Starting of Law College in the name of Tamil Nadu Law College -Regarding.Ref.: Your letter dated 10-8-1994.________I am to inform you that the Syndicate at its meeting held on 8-9- 1994 considered the letter received from the Chairman, Tmt. Kannammal Educational Trust, Madras-17 for establishing the New Law College in the name and style of Tamil Nadu Law College, Madras together with permission letter dt. 19- 8-1994 from the Bar Council of India, New Delhi and resolved as rejected since the Trust has not submitted G.O. from Government of Tamil Nadu.Yours faithfully,Sd/-Registrar.Aggrieved by the same, the petitioner-Trust has approached this Court by way of this writ petition.

(2.) A counter-affidavit has been filed on behalf of the University of Madras wherein it is stated that the letter dated 2-8-1993 of the petitioner-Trust was not received and only the subsequent letter 17-6-1994 was received and thereafter the matter was considered by the Syndicate in the meeting held on 8-9-1994. It is further stated in the counter-affidavit of the respondent as follows :-

(3.) It is submitted by Mr. Somayaji, learned senior counsel appearing for the petitioner that there is infirmity in the impugned order dated 22-9-1994 of the respondent University of Madras in rejecting the application of the petitioner trust for affiliation on the ground that the trust has not submitted G.O. from Government of Tamil Nadu. In this connection, the learned senior counsel referred to the Madras University Act of 1923. Section 19(ii) of the said Act reads as. follows: The Syndicate shall have the following powers namely.....(ii)