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The court set aside a notification for applications to post-graduate courses for 2020-21 to the university's extension centre in Villupuram citing lack of jurisdiction.

Thiruvalluvar University building Image Credit: tvu.edu.in
news Education Sunday, August 08, 2021 - 10:14

The Madras High Court has quashed a notification ​issued by the Thiruvalluvar University inviting applications for 2021-22 post-graduate courses at its extension centre in Villupuram. The ​High Court passed the order on Friday, August 6, while hearing a public interest petition ​filed by former Law Minister C Ve Shanmugam ​from the ​AIADMK challenging the notification.​ ​

C Ve Shanmugan had contended that Thiruvalluvar University did not have the jurisdiction to invite applications for any PG courses at any extension centre in Villupuram, citing Act 5 of 2021​. ​Later, the state government issued a notification in the Higher Education Department on August 3 pertaining to Bharathidasan, Annamalai and Jayalalithaa Universities. According to the notification, the government, after careful examination, has proposed to move an amendment to the Annamalai University Act, 2013 (Tamil Nadu Act 20 of 2013) to convert it from ‘Unitary’ to ‘Affiliating’ by affiliating the colleges situated in Villupuram, Cuddalore, Kallakurichi and Mayiladuthurai districts.​ ​It also proposed to make significant amendments to the Bharathidasan University Act, 1981 (Tamil Nadu Act 2 of 1982) and to repeal the Dr J Jayalalithaa University Act, 2021 (Tamil Nadu Act 5 of 2021).​ ​

The bench, headed by Chief Justice Sanjib Banerjee​,​ and Justice PD Audikesavalu, said that while there is no doubt that the state legislature has authority to repeal and to enact statutes in respect of matters falling within its legislation domain, there is, equally, no doubt that the present government may intend to repeal Act 5 of 2021 and has issued a notification indicating such intention.

However, as long the law has not been repealed or stayed, the provisions of such law need to be followed.

“Seen in such light, the impugned admission notification issued by Thiruvalluvar University inviting applications to PG courses at its extension centre in Villupuram could not have been issued as, on the date of issuance of such notification for the academic year 2021-22, the Thiruvalluvar University had no jurisdiction in the matter in view of Act 5 of 2021 having come into effect,” the judges said​, according to a report in PTI​.

With PTI inputs

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