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of <h1>University regulations on women's facilities deemed non-discriminatory under Article 15(1)</h1> <h3>The University of Madras Versus Shantha Bai and Ors.</h3> The Court held that the University of Madras is not considered a 'State' under Article 12 and its regulations are not subject to Article 15(1). Admission ... - Issues Involved:1. Whether the directions issued by the University of Madras to affiliated colleges not to admit girl students without the Syndicate's permission are valid.2. Whether the directions are discriminatory under Article 15(1) of the Constitution.3. Whether the University of Madras qualifies as a 'State' under Article 12 of the Constitution.4. Whether Article 29(2) governs the right of admission to educational institutions over Article 15(1).Issue-wise Detailed Analysis:1. Validity of Directions Issued by University of Madras:The University of Madras issued directions to affiliated colleges requiring prior permission from the Syndicate before admitting girl students. This policy was implemented due to the increasing number of female students seeking higher education, which existing women's colleges could not accommodate. The Syndicate's rules aimed to ensure that colleges admitting women provided necessary amenities like separate hostels and playgrounds. The University argued that these restrictions were not discriminatory but were intended to ensure a proper and healthy educational environment for women in co-educational settings.2. Discrimination under Article 15(1) of the Constitution:The petitioner argued that the University's directions violated Section 5(1) of the Madras University Act and Article 15(1) of the Constitution by discriminating based on sex. Section 5(1) states that no person shall be excluded from admission to any degree or course of study on the sole ground of sex, race, creed, class, or political views. However, the Court held that 'admission to any degree or course of study' referred to specific courses like Law, Medicine, and Engineering, not to admission to colleges in general. The Court also concluded that the University's directions were not discriminatory as they were based on practical considerations and aimed at ensuring appropriate facilities for female students.3. University of Madras as a 'State' under Article 12:Article 15(1) prohibits discrimination by the State. The Court examined whether the University of Madras could be considered a 'State' under Article 12, which includes 'the Government and Parliament of India, the Government and the Legislature of each of the States, and all local or other authorities within the territory of India or under the control of the Government of India.' The Court concluded that the University of Madras, being a body corporate created by an Act and not charged with governmental functions, did not qualify as a 'State.' It was a state-aided institution, not state-maintained, and thus its regulations were not subject to Article 15(1).4. Article 29(2) Governing Admission Rights:The appellant contended that Article 29(2), which states that no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language, or any of them, governed the right of admission. This Article does not mention sex as a ground for non-discrimination. The Court agreed that Article 29(2) was the controlling provision for admission to educational institutions, not Article 15(1). The omission of 'sex' in Article 29(2) was deliberate, allowing educational authorities to make rules suited to specific conditions without being compelled to admit women.Conclusion:The Court concluded that the University of Madras is not a 'State' as defined in Article 12, and its regulations are not subject to Article 15(1). Admission to colleges is governed by Article 29(2), which does not prohibit sex-based restrictions. The University's regulations requiring colleges to provide specific facilities for women before admitting them were not discriminatory. Consequently, the appeal was allowed, and the writ petition was dismissed.
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