Monday, Dec 30, 2002
Monday, Dec 30, 2002 |
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Tamil Nadu
By Radha Venkatesan
The retrospective exemptions cost Mr.Thambi Durai and the Revenue Minister, N.Thalavai Sundaram, their cabinet berths. To emerge out of the legal logjam, the Government is contemplating an amendment to 37 (B) of the Act brought in during the erstwhile MGR regime. "But, the Cabinet will have to take a final decision on the issue. For, the future of the students will be affected if the exemptions are struck down by the Court,'' said a highly-placed government source. Indeed, at stake is the fate of 66 engineering colleges, including Mr.Thambi Durai's Athiyaman College, which was given exemptions with retrospective effect by the Revenue department. But the more immediate compulsion for the Government is to save itself from a major legal embarrassment. Particularly, because one of its Ministers was a beneficiary of the "illegal" exemption. Says the senior lawyer, K. Chandru, who challenged the exemptions leading to the exit of the two Ministers, " Most of the 250 engineering colleges in the State will be in a soup if the Government does not amend the Act providing for retrospective exemptions." The tale of the exemptions has a curious history. While no individual can own more than 15 standard acres under the law, during the last days of the MGR regime, precisely on 17 December 1987, the Act was amended to enable Trusts starting educational institutions and hospitals get exemption, prospectively and retrospectively. But 10 days later, after a medical college in the city suburbs was granted exemption, the retrospective clause was conveniently withdrawn. Despite this, the successive regimes, both the DMK and the AIADMK, granted exemptions and saw no reason to amend the Act. While 30 colleges were given such exemptions in the erstwhile DMK regime, 36 institutions were handed the concession by the AIADMK Government . But, trouble began this July, when the Anna University of which Mr. Thambi Durai was the Pro-Chancellor, insisted on a no-objection certificate for exemptions from applicants for new colleges.
Legal tangle
As many as 17 new colleges moved court, while others scrambled for retrospective exemption. A public interest litigation petition was filed and the High Court called for records relating to exemptions. But when the PIL came up for hearing last week, the Advocate-General, N.R.Chandran, sought two weeks time to present the government position. When contacted, he said, " I am yet to receive any note from the Government on what decision they plan to take. But, the Government is expected to decide soon." When the Chief Minister returns from her Hyderabad, she is expected to convene the Cabinet to take a decision. The Government may bring in an ordinance to reintroduce the retrospective clause or a legislative amendment during the budget session next March. The fate of the students could be used as a cover for legalising the retrospective exemptions.
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