Case Note & Summary
The proceedings were four writ petitions filed before the Madurai Bench of the Madras High Court under Article 226 of the Constitution of India. They arose from a dispute concerning the administration of Seethalakshmi Achi College for Women, a private aided college governed by a registered trust deed dated 02.03.1966 and regulated under the Tamil Nadu Private Colleges (Regulation) Act and Rules, 1976. The petitioners in two petitions, W.P.(MD)Nos.27101 and 28932 of 2024, were the Principal in-charge and three other college committee members. The petitioner in the other two petitions, W.P.(MD)Nos.27102 and 28931 of 2024, was the college represented by its Secretary, Thiru.O.A.A.A.Ap.Annamalai Chettiar. The respondents included the Director of Collegiate Education, the Joint Director of Collegiate Education, the President of the College Committee, the college itself represented by its Secretary, the Registrar of Alagappa University, and one A.P.V.Sundaram, who was later impleaded. The factual background showed that the trust deed created two bodies: a trust board/educational agency and a college committee. The college committee was constituted under Section 11 read with Rule 8 of the Act and Rules. The Secretaryship was held by Annamalai Chettiar by virtue of the trust deed's devolution clauses, particularly Clauses 9, 11 and 12. The erstwhile Secretary died on 24.10.2021, and Annamalai Chettiar, being the second senior most male descendant of the Founder's family functioning as trustee, was conferred the right to hold the office of Secretary of the trust and college. The first respondent approved his appointment as Secretary for the period from 10.11.2021 to 09.11.2024. The petitioner claimed that his secretaryship was for life under the trust deed, and for the purpose of Section 12 read with Rule 9, the term was to be renewed once every three years. On 04.10.2024, he sent a renewal proposal to the first respondent. The legal issues were whether the renewal proposal dated 04.10.2024 read with 02.11.2024 should be approved, and whether the meeting dated 12.06.2023 and other meetings convened by any person other than the approved Secretary during his tenure were unlawful and should not be considered, being violative of Sections 11 and 13 read with Rules 8 and 10 of the Act and Rules. The petitioners contended that the trust deed governed the mode of nomination and that no resolution was required, as trustees could not act contrary to the trust deed. They also relied on an earlier judgment dated 05.11.2024 in W.P.(MD)Nos.26509 and 26510 of 2024. The court recorded the factual narrative and noted the statutory framework under the Tamil Nadu Private Colleges (Regulation) Act, 1976. The provided text did not include the final operative order or the court's analysis on the merits. The matter was reserved on 30.01.2025 and delivered on 28.04.2025. The final decision is therefore not mentioned in the available excerpt.
Headnote
A) Service Law - Private Colleges - College Committee Constitution - Tamil Nadu Private Colleges (Regulation) Act, 1976, Sections 11 and 13, and Tamil Nadu Private Colleges (Regulation) Rules, 1976, Rules 8 and 10 - Every aided college has a college committee constituted under Section 11 read with Rule 8; meetings convened by persons not the approved Secretary are unlawful and violative of the Act and Rules. (Paras 5, 7) B) Service Law - Private Colleges - Secretary/Correspondent Appointment and Renewal - Tamil Nadu Private Colleges (Regulation) Act, 1976, Section 12 and Tamil Nadu Private Colleges (Regulation) Rules, 1976, Rule 9 - The educational agency must nominate a Secretary as per the trust deed; the trust deed fixes the mode of devolution of offices of Secretary/Correspondent, and trustees cannot violate its stipulations; the Secretaryship term requires renewal every three years under Rule 9. (Paras 6, 7, 7.1) C) Trust Law - Charitable Trust - Devolution of Trust Offices - Trust Deed Clauses 9, 11 and 12 - The trust deed provides that the senior most male descendant in the Founder's family functioning as trustee holds the President office; the Correspondent of the College holds Secretary of Trust Board after Founder's lifetime; two offices not held by same member except Founder; devolution continues generation to generation. (Paras 5-6)
Issue of Consideration
Whether renewal proposal dated 04.10.2024 read with 02.11.2024 should be approved by the Director of Collegiate Education; whether meeting dated 12.06.2023 and other meetings convened by unauthorized persons during the approved Secretary's tenure are unlawful and not to be considered under Tamil Nadu Private Colleges (Regulation) Act & Rules, 1976.
Law Points
- Section 11 read with Rule 8 of Tamil Nadu Private Colleges (Regulation) Act 1976 constitutes college committee
- Section 12 read with Rule 9 governs Secretary nomination and renewal
- trust deed governs devolution of Secretary/Correspondent office and trustees cannot violate trust deed
- meetings convened by unauthorized persons are unlawful under Sections 11 and 13 read with Rules 8 and 10.
