Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950 : Entry 66 List I and Entry 25 List III Schedule VII |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950 : Entry 66 List I and Entry 25 List III Schedule VII-Subjects covered by Entry 66-Always remained within the purview of Parliament even before and after Forty Second Amendment-Entry 25 List III-State legislation in conflict with Central legislation including subordinate legislation-Held: To the extent it is in conflict it is void and inoperative.Article 254-Subjects covered by List III-Repugnancy between State and Central legislation-State legislation would be inoperative unless saved by Article 254(2)- Pre-Constitutional law of Provincial Legislature--Post-Constitutional law of Parliament-Repugnancy between-Held: Law made by the Provincial Legislature shall stand impliedly repealed to the extent of repugnancy.Education : All India Council for Technical Education Act, 1987:Technical Education-Subject covered by the statute-Within the scope of Entry 66 of List l and Entry 25 of List III.Tamil Nadu Private Colleges (Regulation) Act, 1976 : Technical Education-Provisions of the Act in conflict with Central Act-To the extent of inconsistency Act void-Standards and requirement laid down by State-Cannot be higher than those laid down by the Central Act-Applicants not qualified according to such higher standards-State cannot deny situations/seats to such applicants-State also cannot derecognise or disaffiliate an institution on this ground.Tamil Nadu Private Colleges (Regulation) Rules, 1976 : Rule 2(b)-Not applicable to technical Colleges-However, rule can be amended and made applicable to technical Colleges.Madras University Act, 1923: Pre-Constitutional law-Repugnant to the Central Act-University Act stands impliedly repealed to the extent of repugnancy-Conditions prescribed by University for grant of affiliation-Will have to be in conformity with the norms and guidelines prescribed under Central Act.Words & Phrases: "Coordination''-Meaning and scope of."College''-Meaning of.The State Government had permitted private management to start new Engineering Colleges under the Self-financing scheme without any financial commitment to the Government, but subject to the fulfillment of certain conditions. The first respondent - Trust was granted permission by the Government to start a private Engineering College. The Trust was granted provisional affiliation by the University subject to the fulfilment of certain conditions.In the meanwhile, the State Government appointed a High Power Committee to inspect the College which stated that the Trust had not fulfilled certain conditions imposed by the State Government. Thereupon, the State Government issued a show cause notice to the Trust as to why permission granted by it should not be withdrawn. The University also accepted the report of the High Power Committee and passed a resolution cancelling the provisional affiliation.The Trust filed a writ petition before the High Court for prohibiting the Government from taking further action in pursuance of the Show Cause notice and also for quashing the resolution passed by the University which was allowed. Aggrieved by the High Court's judgment the appellants preferred the present appeals and SLPs. On behalf of the appellants it was contended that Entry 66 of List I of the Seventh Schedule to the Constitution did not debar the State Legislature from prescribing higher standards; that the University had the power to affiliate or disaffiliate the College; and that if the College were to close down for want of adequate infrastructure the Government might have to bear the burden in taking over the College. |
Judge | Hon'ble Mr. Justice P.B. Sawant |
Neutral Citation | 1995 INSC 212 |
Petitioner | State Of Tamil Nadu And Anr. |
Respondent | Adhiyaman Educational And Research Institute And Ors. |
SCR | [1995] 2 S.C.R. 1075 |
Judgement Date | 1995-03-24 |
Case Number | 1634 |
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