Madras HC bars Tamil Nadu dept from opening new colleges

The first bench of the Madras High Court comprising of Chief Justice Sanjib Banerjee and Justice P.D. Adikesavalu issued the orders on a public interest litigation filed by one T.R. Ramesh challenging the government order of the Tamil Nadu Higher Education department permitting the HR&CE department to open new colleges.

The petitioner alleged that steps for establishing a college by the Kapaleeshwar temple at Kolathur, the Assembly constituency of Tamil Nadu Chief Minister M.K. Stalin, were taken in a rush and proper procedures were not followed in establishing the college.

Ramesh in his petition alleged that funds of the temples should be used for the restoration and renovation of the temples concerned. In the petition, he said decisions on financial matters can be taken only by the trustees and not those persons appointed on an adhoc basis for managing the administration of the temples.

Tamil Nadu advocate general (AG), R. Shanmugasundaram informed the court that of the eight colleges sanctioned by the Higher Education department, four have already started functioning -- Kolathur in Chennai, Thiruchengode in Namakkal, Oddanchathram in Dindigul and Vilathikulam in Thoothukudi, and admission proceedings have started. The AG told the court that four other colleges would be set up soon.

He informed the court that once a part of the temple fund is deposited under the common goods funds with the HR&CE Commissioner, it could be utilized for opening new colleges. He said the process of opening educational institutions by the HR&CE department is not new and cited the example of Paraskathi college under the department at Kuttalam which was functioning in a commendable manner for the past six decades.

However, the Court restrained the HR&CE department from opening new colleges without appointing trustees for those particular temples as also without the consent of the court other than the four already set up.

The bench said only the trustees are allowed the powers to manage the properties and offerings of a temple and another person cannot decide on financial matters as he was only a stop-gap arrangement.

The court directed the HR&CE department to introduce a new subject on Hindu religion on a regular stream basis within four months in the colleges under the department that have already started functioning. The court directed the AG that these colleges will not be allowed to function if a new subject on Hindu religion is not taught on a regular basis.