IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 7.8.2009 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.1864 of 2009 Association of Management of Private Colleges represented by its President Dr.M.Aruchami and Secretary, Kongunadu Arts College (Autonomous) Gnambikai Mills Post Coimbatore-641 029 .. Petitioner vs. 1. The Anna University rep. by its Registrar Academic Campus, Jothipuram Coimbatore-641 047 2. The Anna University rep. by its Registrar Guindy, Chennai-600 032 3. The Anna University rep. by its Registrar Tirunelveli 4. The All India Council for Technical Education rep. by its Chairman 7th Floor, Chanderlok Building Janpath, New Delhi-110 001 5. The Government of Tamil Nadu rep. by the Secretary to Government, Higher Education Dept., Fort St. George, Chennai-600 009 6. The Director of Technical Education Anna University Campus Guindy, Chennai-600 032 https://hcservices.ecourts.gov.in/hcservices/ 7. The Bharathiar University rep. by its Registrar Coimbatore-641 046 .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus to forbear the respondents 1 to 3 particularly 1st respondent from running, conducting, approving, affiliating any Arts and Science Academic Programme like B.B.A. B.C.A. M.Sc. Chemistry, M.Sc. & B.Sc. (Electronic Media), M.Sc. Math, M.Sc. Computer science, M.Sc. Visual Communication, M.Sc Medical Physics, Msc. Applied Chemistry, B.Sc. Chemistry, B.Sc. & M.Sc. Computer Technology, B.Sc. Software Engineering, Msc Bio-Technology either by itself, or its constituent, approved, affiliated or autonomous Colleges coming under it ambit as per Anna University Act (Tamil Nadu No.42 of 2006) and also introduction of such courses in 2nd and 3rd respondents. For petitioner : Mr.P.Haridas Senior Advocate for M/s.Puran Khemka K.Shakespeare R.Ananda Babu and K.S.Govindaprasad For respondents : Mr.R.Yashod Vardhan Senior Advocate for Mr.R.Sivakumar for R1 Mr.Mani Sundar Gopal for M/s.G.M.Mani Associates for R2 No Appearance for R3 Mr.N.Muralikumaran for R4 Mrs.Dakshayani Reddy, GA for R5 & R6 Ms.N.Kavitha for R7 O R D E R Heard the learned counsels appearing for the parties concerned. 2. This writ petition has been filed praying for a writ of mandamus to forbear the respondents 1 to 3 from running, conducting, approving, affiliating Arts and Science Academic Programmes, either by the said respondents or through its constituent, approved, affiliated or autonomous Colleges coming under their ambits, as per the concerned Anna University Acts. 3. It has been stated that the petitioner Association is a society established under the Societies Registration Act, with society No.137 of 1961. The petitioner Association has been functioning for over forty years. The objects of the petitioner https://hcservices.ecourts.gov.in/hcservices/ Association includes the making of representations to the educational authorities, such as, the Ministry of Education, Government of India, the Universities, both Indian and Foreign, the University Grants Commission, the State Government, the Departments relating to education and other bodies interested in the field of education, in respect of the problems, which are existing and those that may arise, from time to time and to secure the advancement and progress of Colleges and higher education in the country. It also has the object of promoting the interests of the private colleges, to safeguard their respective rights, privileges and liberties and in furtherance thereof, to take such steps as the circumstances may warrant, including the initiation of legal proceedings. 4. It has been further stated that, initially, the University of Madras was established on the 5th of September, 1857, by an Act of the Legislative Council of India. Later, it was consolidated, under the University of Madras Act, 1923, catering to higher education. It has been serving as an affiliating University for Arts and Science, Medical and Engineering Colleges. In the year, 1978, the Anna University Act came to be enacted. Accordingly, the Anna University was set up at Chennai, as a Unitary University, on 4th of September, 1978, catering to Engineering and Technology. The Amendment Act of 2001 made it an affiliating University for the Engineering Colleges in Chennai. It integrated 4 well known technical institutions in the city of Chennai, the oldest of which was the College of Engineering, Guindy, started in the year, 1974. The Anna University was originally called as Perarignar Anna University of Technology. In the month of December, 2001, it was converted into an affiliated University with almost all the engineering colleges in State of Tamil Nadu coming under its fold and it had also absorbed all the six Government Engineering Colleges in the State of Tamil Nadu, as its constituent Colleges. Thus, marking a scientific division of Arts and Science Colleges, on the one hand and Engineering and Technology colleges, on the other hand. 5. It has been further stated that the Anna University had expanded into four different universities, namely, the Anna University-Chennai, the Anna University-Coimbatore, the Anna University-Trichirapalli, and the Anna University-Tirunelveli. The Government of Tamil Nadu had established the Anna University- Coimbatore, on 1.2.2007, in accordance with the Anna University, Coimbatore Act, 2006. It has three Government Engineering Colleges, two Government Aided Engineering Colleges and 103 Self Financing Engineering Colleges under its fold. In addition to the existing Colleges, 43 new Engineering Colleges are likely to be started under the Anna University, Coimbatore, for the ensuing academic year. Nearly 75,000 aspiring engineering graduates are studying in these Institutions. https://hcservices.ecourts.gov.in/hcservices/ 6. It has been further stated that the Anna University, Coimbatore, is a Technical University, coming under the purview of the All India council for Technical Education Act, 1987 (Act No.52 of 1987) and it has started to offer a series of programmes in B.Sc. M.Sc. B.B.A. B.C.A. courses, which are not within the list of the All India Council for Technical Education approved courses, both at the University as well as by way of granting affiliation for such programmes at the various Engineering Colleges in the Coimbatore region. It is reported that the Anna University has sanctioned nearly 14,000 seats, under the category of Science Courses, in the various affiliated colleges, for the admissions of the students, in B.Sc., M.Sc., B.B.A., B.C.A. and other such courses. 7. In fact, the Anna University, Coimbatore, had issued an advertisement in a Tamil Daily, on 28.12.2008, inviting candidates to join the said courses to be conducted by the University. The said courses are not approved by the All India Council for Technical Education, though such courses come under the purview of the Arts and Science Colleges of the Bharthiar University. Further, in the website of the Anna University, Coimbatore, it has been shown that the University is offering B.Sc. Chemistry, M.Sc. Biotechnology, M.Sc. Computer Science and M.Sc. visual Communication. Such courses had not been approved by the All India Council for Technical Education, to be run by the Anna University. The said courses can be conducted only by the Arts and Science Colleges, coming under the purview of the Bharathiar University. From the hand book of the All India Council for Technical Education, for the academic year 2008-2009, it has been made clear that the All India Council for Technical Education is restricting its domain only to the courses coming under Engineering, Technology, M.C.A., Architecture, Town Planning, Management, Pharmacy, Hotel Management and Applied Arts and crafts. All other disciplines are outside the domain of the All India Council for Technical Education. Thus, it is clear that the Technical Institutions are not empowered to offer the said courses. 8. It has been further stated that by the intervention of the Government of Tamil Nadu, the Syndicate of the Anna University, Coimbatore, had passed a resolution, on 10.4.2008, to the effect that the University would not give affiliation to B.Sc. B.C.A. and M.Sc. courses in the All India Council for Technical Education approved institutions, from the academic year 2008-2009 onwards. While so, the advertisement made by the Anna University in a Tamil Daily, on 28.12.2008, is unacceptable. Further, the All India Council for Technical Education, had allowed many Engineering Institutions to start the Second Shift, from the academic year 2009 onwards. The Anna University, Coimbatore, is liberally sanctioning the intake of the students, without regard to the availability of the available infrastructure and the teaching resources. Similarly, the Anna University, Chennai, is offering non-engineering and non-technical courses, like B.Sc. (Electronic Media), M.Sc. (Electronic Media), https://hcservices.ecourts.gov.in/hcservices/ both 3 and 5 year integrated programmes, M.Sc. (Maths), M.Sc. (Computer Science), M.Sc. (Visual Communication), M.Sc. (Medical Physics), M.Sc. (Applied Chemistry) and the Anna University, Tirunelveli, is offering M.Sc. (Software Engineering), M.Sc. (Information Technology) and M.Sc. (Computer Technology) programmes. 9. In spite of the representations having been made to the All India Council for Technical Education and to the authorities of the Education Department and the Government of Tamil Nadu, no steps have been taken to curb the Anna University from conducting and affiliating courses, which are not relating to Engineering and which are non-technical in nature. Due to the irregular acts of the Anna University, the science and arts colleges are suffering, seriously. 10. It has been further stated that, as per the statement of the objects and reasons, the Anna Universities have to conduct and affiliate courses, which are either Engineering Courses or technology related courses. Therefore, conducting of Arts and Science courses, either in the Universities or in their affiliated colleges, are beyond the scope of the Anna University Acts, by which the Universities have been established. There is no power vested in the Universities, by their respective enactments, to conduct, to grant affiliation or to approve Arts and Science Programmes and courses, which are conducted by the Arts and Science Colleges, coming within the purview of the University of Madras, Chennai, Bharathiar University, Coimbatore, Madurai kamaraj University, Madurai and Manonmaniam Sundaranar University, Tirunelveli. 11. It has also been stated that there is no power under the All India Council for Technical Education Act and its Regulations, empowering the respondents 1 to 3 to conduct, grant, affiliate or approve Arts and Science Programmes and courses, which are coming within the purview of Bharathiar University, Coimbatore, and such other Universities. It is a clear violation of all norms and standards and guidelines laid down by the All India council for Technical Education for the Technical Universities and its Technical Institutions. It is clear from the Acts, by which the Anna Universities have been created, that the universities have been set up to cater to the needs for Higher Education in Engineering, Technology and Allied Sciences and to concentrate on Research oriented works in such fields. Neither the Anna Universities Acts, nor its regulations define "Allied Sciences". However, by the principles of statutory interpretation of "ejusdem generis" and "No scittur a sociis", the words "Allied Sciences" can only be taken to mean the subjects relating to Engineering and Technology and it cannot include Arts and Science programmes. Therefore, granting of degrees in Arts and Science Programmes is beyond the ambit and scope of respondents 1 to 3. https://hcservices.ecourts.gov.in/hcservices/ 12. The colleges of Engineering and Technology and the colleges of Arts and Science are operating in different fields. The Arts and Science Colleges are governed by the different statutes, namely, the Tamil Nadu Private Colleges (Regulation) Act, 1976, the statutes of the concerned Universities and the University Grants Commission Act, 1956, and the Regulations framed thereunder. Whereas the colleges of Engineering and Technology are governed by the concerned Acts of the Technical Universities, like, the Anna Universities Acts. The activities of the Anna universities, which are the respondents 1 to 3 herein, are encroaching on the occupied field of the Bharathiar University. Further, the Anna University, Coimbatore, is offering online distance education programmes in Arts and Science disciplines, without the necessary approval of the Distance Education Council and the Joint Committee of the University Grants Commission and the All India council for Technical Education. As such, the above mentioned unauthorised activities of the Anna Universities are arbitrary in nature and therefore, they are illegal and void. 13. In the counter affidavit filed on behalf of the first respondent, it has been stated that the writ petition filed by the petitioner Association is not maintainable, in view of the subsequent developments that have taken place. The Syndicate of the first respondent University had already passed a resolution, dated 4.7.2008, to approve the recommendations of the three Member Committee and to accord affiliation to B.Sc. and M.Sc. Courses, with certain conditions. In view of the fact that the resolution of the Syndicate, dated 4.7.2008, had not been challenged, the present writ petition, seeking a writ of mandamus, is not maintainable in law. 14. It has also been stated that the petitioner Association has no locus standi to file the present writ petition, on behalf of its members. The petitioner Association cannot term itself as an aggrieved person and therefore, the present writ petition is liable to be dismissed in limini. The first respondent University had been established by the Anna University, Coimbatore Act, 2006 (Act No.42 of 2006). It is an affiliated type of University. Apart from the three Government Engineering Colleges and the two Government Engineering Colleges, there are 98 Self Financing Engineering Colleges under the fold of the first respondent University. 15. It has been further stated that section 4 of the Anna University, Coimbatore Act, 2006, deals with the powers, functions and objects of the University and they are as follows: "1. To provide facilities and offer opportunities for Higher Education in Engineering, Technology and Allied Sciences by instructions, training, research, development and extension and by such other means as the University may deem fit. https://hcservices.ecourts.gov.in/hcservices/ 2. To provide for research and for the advancement and dissemination of knowledge in Engineering, Technology and Allied Sciences. 3. To institute degrees, titles, diplomas and other academic distinctions in Engineering, Technology and Allied Sciences." 16. Further, Section 5(1) of the Act empowers the first respondent University to affiliate the colleges providing courses of study or training in Engineering, Technology and Allied Sciences. Thus, the first respondent University is empowered to offer the courses in the field of Engineering, Technology and Allied Sciences and also to affiliate colleges conducting such courses. Further, there is no provision in the Anna University, Coimbatore Act, 2006, prohibiting the first respondent University from offering courses in the field of Allied Sciences and from granting affiliation to colleges offering such courses. The B.Sc., M.Sc., B.B.A. and B.C.A. courses offered by the various affiliated colleges are related to the field of Engineering, Technology and Allied Sciences. The syllabi, course study and the training provided in the said courses are much higher in standard. The courses offered are not the routine degree courses offered by the Arts and Science colleges. Further, it cannot be contended that the first respondent University cannot conduct the courses, which do not find a place in the list of the approved nomenclature of courses of the All India council for Technical Education. The courses are conducted by the Anna University and its affiliated colleges, only in accordance with the powers available in the Act. 17. It has been further stated that the All India Council for Technical Education Act, 1987, has been enacted to exercise supervisory control, for maintenance of standards in the Technical Institutions. Section 2(h) of the said Act defines "Technical Institution" as an Institution, not being a University, which offers courses or programmes of Technical Education. As such, the regulations of the All India council for Technical Education cannot be binding upon a University, which is created under a statute. Therefore, it is incorrect to state that the first respondent University is not empowered to conduct the courses which do not come within the ambit and scope of the Act. 18. It is only the All India Council for Technical Education, which is to make a decision as to whether the courses offered by the first respondent University would be a technical or non-technical course. The petitioner Association cannot question the decision of the first respondent University to conduct or affiliate such courses. In fact, the All India Council for Technical Education has approved the inclusion of M.B.A. and M.C.A. courses in their approved list of https://hcservices.ecourts.gov.in/hcservices/ Technical courses. Therefore, the bachelor degree, in B.B.A. and B.C.A. courses, cannot be said to be non-technical in nature. Even if the courses do not find a place in the All India Council for Technical Education Act, 1987, the first respondent University can offer such courses, in accordance with the provisions of the Anna University, Coimbatore Act, 2006. The letter of the All India Council for Technical Education, dated 30.5.1996, states that the issue regarding the approval of B.Sc., M.Sc. (Computer Science) courses may be taken up before the concerned affiliating University and the State Government. The letter of the All India Council for Technical Education makes it clear that its regulations cannot be enforced against the University, insofar as it relates to approval of courses. 19. It has been further submitted that the University Grants Commission does not prohibit or prevent the University from offering courses, which are within the objects of the Acts, under which the respective Universities have been created. 20. It has been further stated that the Syndicate of the first respondent University, during its meeting held, on 29.3.2008, vide its resolution No.3.11.7.2 had resolved not to give affiliation to B.Sc., B.C.A. and M.Sc. courses, in the All India Council for Technical Education approved institutions, in the University area, from the academic year 2008-2009. In the meantime, the member- Secretary, Tamil Nadu State Council for Higher Education, vide his letter, dated 1.4.2008, had stated that B.Sc-I.T. Courses should be offered only by the Arts and Science Universities and therefore, such courses should not be offered in the colleges affiliated to the Anna University. However, by the proceedings, dated 8.4.2008, the first respondent University had informed the member-Secretary about the resolution passed by the Syndicate of the first respondent University. 21. It has been further stated that pursuant to the resolution, dated 29.3.2008, various affiliated colleges had submitted representations stating that they have been conducting B.Sc. and M.Sc. programmes in the field of allied sciences and some of the affiliated colleges have been conducting the programmes even before the formation of the All India council for Technical Education. Therefore, the said colleges had requested the first respondent University to approve and affiliate B.Sc. and M.Sc. programmes offered in the Engineering Colleges, for the academic year 2008-2009 and for the subsequent academic years. Considering the said representations a three Member Committee was constituted. The Committee, after due deliberations, had recommended that all B.Sc. and M.Sc. Courses, except B.Sc., (Computer Science, I.T. and Visual Communication) and B.C.A., may be considered for the grant of affiliation by the first respondent University. The recommendation of the Committee had been placed before the Syndicate, during its fourth meeting, held on 28.5.2008. During the meeting held, on 28.5.2008, https://hcservices.ecourts.gov.in/hcservices/ the members of the syndicate had expressed their opinion that the affiliation, as requested by the colleges, can be granted. Finally, by a resolution NO.4.11.7.1., the Syndicate had resolved to represent the matter, along with the views of the syndicate, to the State Government to obtain its decision. Accordingly, the resolution of the Syndicate was communicated to the State Government, on 30.5.2008. The State Government, by its letter, dated 1.7.2008, had stated that the matter may be placed before the Syndicate for its further decision. 22. In view of the urgency involved, the matter was placed before the Syndicate for its further consideration, by circulation. The syndicate had resolved to approve the recommendations of the three Member Committee and to accord affiliation to B.Sc. and M.Sc. Courses, in the affiliated colleges, subject to the following conditions: "1. The institutions shall offer a maximum of only 5 courses to the students each in B.Sc.,/M.Sc., out of the list (annexure) selecting not more than 3 courses either B.Sc., or M.Sc. 2. Separate infrastructure facilities shall be created and faculty to be appointed exclusively for conducting the B.Sc/M.Sc. program. 3. To phase out B.Sc/M.Sc courses from 2013-14 onwards." 23. It has been further stated that by a letter, dated 10.4.2008, the resolution of the Syndicate, dated 29.3.2008, had been communicated to all the affiliated Engineering Colleges. It is incorrect to say that the first respondent University had passed the resolution, dated 10.4.2008, stating that it would not grant affiliation to B.Sc., B.C.A. and M.Sc. Courses, in the All India Council for Technical Education approved institutions, from the academic year 2008-2009. The allegation of the petitioner that the first respondent university had liberally sanctioned a large number of seats for the courses, which have been started in the affiliated colleges, without regard to the availability of infrastructure and teaching resources, is misconceived. On the contrary, the resolution had been passed by the Syndicate, only on the condition that sufficient infrastructure facilities shall be created for conducting the B.Sc. and M.Sc. programmes. Further, the claim made by the petitioner that the admission of students in Arts and Science Colleges, located in Coimbatore area, have been seriously affected, is not sustainable. 24. It has been further stated that the first respondent University has been conducting various courses and granting affiliation for such courses, only in accordance with the objects and powers conferred under the Anna university, Coimbatore Act, 2006. The said courses affiliated by the first respondent University are https://hcservices.ecourts.gov.in/hcservices/ related to the field of Engineering, Technology and Allied Sciences. No norms or guidelines had been prescribed by the all India Council for Technical Education, for the affiliation of the courses. Further, the All India Council for Technical Education does not possess the power to lay down the norms and the guidelines for the affiliation of the courses. 25. It has been further stated that the definition of "Allied Sciences" would include all subjects allied or related to Engineering and Technology. Since the courses in question, which are conducted by the first respondent University and its affiliated colleges, come within the ambit of Engineering, Technology and Allied Sciences and since the first respondent University is empowered, under the Anna University, Coimbatore Act, 2006, to conduct, affiliate and approve courses, to provide for instructions, training and for dissemination of knowledge in Engineering, Technology and Allied Sciences, the claims made by the petitioner are devoid of merits. 26. In the counter affidavit filed on behalf of the second respondent, it has been stated that the writ petition filed by the petitioner Association is not maintainable. The petitioner Association has no locus standi to file the writ petition on behalf of its members. 27. It has been further stated that the Anna University was originally established as a unitary University, by the Anna University Act, 1978. Later, by the Anna University (Amendment) Act, 2001, it was empowered to affiliate colleges within the University area. 28. Section 3 (1) of the Anna University Act, 1978, dealing with the establishment of the university, reads as follows: "(1). For the development of engineering, technology and allied sciences and for furthering the advancement of learning and prosecution of research in engineering, technology and allied sciences, on and from the appointed day, there shall be established a University by the name of Anna University." 29. Section 4 of the Anna University Act, 1978, deals with the object of the University, where it has been categorically stated that the objects of the University includes the providing of facilities, the creating of Opportunities, devising and implementing the various programmes of education and to further the advancement of knowledge in the fields of engineering, technology and allied sciences. 30. Section 5 (ac) of the Act empowers the University to affiliate the colleges. The Anna University Act, 1978, does not contain any prohibitory section or clause, which would prevent it from offering courses in the fields of Engineering, technology and https://hcservices.ecourts.gov.in/hcservices/ allied sciences or from granting affiliation to the colleges offering such courses. 31. It has been further stated that the Act has been established to exercise supervisory control for maintenance of standards in Technical Institutions. Section 2 (b) of the Act defines "technical institution" as an institution, not being a University, which offers courses or programmes of Technical Education. It is incorrect to state that the