MANONMANIAN SUNDARANAR UNIVERSITY Vs. KUMARAGURUBARA SWAMIGAL ARTS COLLEGE

JUDGEMENT

(1.) This writ appeal is directed against the order of Bakhthavatsalam, J. in W. P. No. 19833/93 dated 19-11-1993 holding that the 1st respodent College is entitled to the rights under Art. 30 of the Constitution of India and that the question whether Saiva Siddhanta is a religion need not be decided. This appeal is filed by the Registrar, Vice-Chancellor and the Controller of Examinations of Manonamaniam Sundaranar University, Tirunelveli. The 1st respondent College, by virtue of Section 1 of the Manonmaniam Sundaranar University Act stands affiliated to the appellant-University. The University has been concerned with the maintenance of the academic standards. According to the University, after the judgment of the Supreme Court in Unnikrishnan's case College receiving 100% grant from the Government, will have to make admissions on the basis of merit subject to the rule of reservation alone. It is their case that several complaints were received by the University from various sections of public and students and in respect of several colleges Inspection Commissions were therefore, sent to enquire into the complaints. The lst respondent College was also one of the colleges in respect of which complaints were received and the Inspection Commission consisting of academicians was set up to go into the complaints. The Inspection Commission gave the first respondent College adequate notice and also afforded the opportunity of being heared. The Inspection Commission found that for 5O% of the seats to M.Sc. Physics and Chemistry courses the admissions were not on the basis of the merit. An interview was held for 25 marks to test the knowledge of Saiva Siddantha and admissions were given on the basis of marks in the examination as well as interview. The report of the Commission was considered by the Syndicate on 25-10-1993 and it was resolved that the admissions made on the basis of allotment of 25 marks for the knowledge of Saiva Siddantha was not acceptable to the University as it was against the norms of admissions. The 1st respondent college was advised accordingly. Against this, the 1st respondent filed W.P. No. 19833/93.

(2.) The 1st respondent College was established by Sri Kasi Mutt which was granted a declaration by the Court of Sub-Judge, Kumbakonam that it is a religious denomination within the meaning of Art. 26 of the Constitution of India. The 1st respondent College contended that the admissions to the extent of 50% could be made on the basis of academic performance as well as the performance in the interview. The University filed a counter-affidavit contending that the declaration obtained was only to the-effect that the Tamilnadu Private Colleges (Regulation) Act, 1976 would not apply. The provisions of the Manonmaniam Sundaranar University Act will apply to the 1st respondent College. The admissions made allotting 25 marks for the interview was clearly contrary to the rule of merit and there was nothing illegal in setting aside the admission. The University further contended that a declaration under Art. 26 would not enable the 1st respondent College to claim the privileges under Art. 30 of the Constitution of India. Further even assuming without admiting that Saiva Siddantha constituted a minority, the Hon'ble. Supreme Court in St. Stephen College's case had already laid down that the reservation to the extent of 5O% was available only to the students belonging to the minority community by which the College had been established. The University contended that the Supreme Court in TMA Pai Foundation's case had disagreed with the view that the minority institution could adopt its own selection procedure and had referred the issue to a larger bench. The University was concerned with academic standards and wanted to ensure that admissions were made only on the basis of merit.

(3.) Two students filed applications to implied themselves in the above writ petition. The State was also impleaded along with the students. Bakthavatsalam, J. by order dated 17-11-1993 granted interim stay and directed the students to write the examinations. Without prejudice to its rights, the University permitted the students to write the examinations. Thereafter, the order in the writ petition was pronounced. Aggrieved by the same, the University has filed the Writ Appeal. According to the University, if the rule on merit is not followed while making admissions it is bound to lead to fall in academic standards. If the students who were selected on the basis of marks in the examination as well as in interview were allowed to pursue their course, then great prejudice will be caused to the University. The University therefore prayed that the order of the learned Judge impugned in this writ appeal has to be set aside.