Service Law:

Tamil Nadu Private Colleges (Regulation) Act 1976/Tamil Nadu Private Colleges (Regulation) Rules, 1976-Whether a Private Engineering College is governed by the provisions of the Act & Rules of 1976-Held: No.

Words & Phrases-'means and includes~ 'college'-Meaning of in the context of Tamil Nadu Private Colleges (Regulation}-Section 2(b).

The Governing body of the Respondent College passed a resolution resolving that the Tamil Nadu Private Colleges (Regulation) Act and Rules of 1976 do not apply to the college. The teaching staff of the college filed writ petitions before High Court challenging the validity of the said resolution and also powers of the college to advertise on All India basis calling for applications for filling up vacancies in faculty positions in various Departments. The Respondent college also filed a writ petition asserting that the professional and technical colleges like the Respondent are not included within the purview of the Act and Rules.

In the meanwhile the All India Council for Technical Education was established by the Government of India as an expert body to advise the Central and the State Governments for ensuring the co-ordinated development of technical education in accordance with approved standards and a State Board of Technical Education was set up by the Government of Madras. The Director of Technical Education was entrusted with the duties that were being performed by the Director of Public Instructions in respect of all the Colleges of Engineering and Technology in the State including Government Institutions as well as Aided Private Institutions.

The High Court held that the Act and Rules do not apply to the college of the Respondent. Hence these appeals by the teaching staff of the Respondent Institution.