HC blocks govt move on varsity named after Jaya

HC blocks govt move on varsity named after Jaya

TIMES NEWS NETWORK

Chennai:7.8.2021

In a setback to Tamil Nadu government’s bid to scrap the previous AIADMK government’s law forming and naming a new university after Jayalalithaa, Madras high court quashed a student admission notification issued by Thiruvalluvar University.

The first bench of Chief Justice Sanjib Banerjee and Justice P D Audikesavalu quashed the notification on a petition moved by former law minister C Ve Shanmugam.

The impugned notification issued by Thiruvalluvar University invited applications for admission to post-graduate courses for the colleges that were now falling under the jurisdiction of newly established Dr J Jayalalithaa University.

On August 3 itself, when the plea was taken up for admission, the court had made it clear that the state could not go ahead with the admissions when the law for establishment of Jayalalithaa University was still in existence. On Friday, when the plea came up for hearing again, advocate-general R Shunmugasundaram informed the court that the state had now passed a GO amending the jurisdiction of the Annamalai University enabling it to affiliate colleges in Villupuram, Cuddalore, Kallakurichi and Mayiladuthurai districts.

A proposal had also been made in the GO to repeal the Dr J Jayalalithaa University Act, he added.

Recording the same, the court said, “There is no doubt that the state legislature has equal authority to repeal a statute as it has to enact a statute in respect of matters falling within its legislation domain.”

There is, equally, no doubt that the present government may intend to repeal the Act and has issued a notification indicating such intention. However, till such time that a law is in place and its operation has not been stayed in accordance with law, the provisions of such law need to be followed, the court said. “Seen in such light, the admission notification issued by the university inviting applications to post-graduate courses at its extension centre in Villupuram could not have been issued...,” the court added.

The bench then quashed the notification dated June 25 and disposed of the plea.