P. KASILINGAM AND ORS. versus P.S.G. COLLEGE OF TECHNOLOGY AND ORS.

Citation: [1995] 2 S.C.R. 1061 · Decided: 24-03-1995 · Supreme Court of India · Bench: P.B. SAWANT · Disposal: Dismissed
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Judgment (excerpt)

P. KASILINGAM AND ORS. 
A 
v. 
-~ 
P.S.G. COLLEGE OF TECHNOLOGY AND ORS. 
MARCH 24, 1995 
[P.B. SAWANT AND S.C. AGRAWAL, JJ.) 
B 
Service Law: 
' 
~ 
Tamil Nadu Private Colleges (Regulation) Act 1976/Tamil Nadu 
r 
Private Colleges (Regulation) Rules, 1976-Whether a Private Engineering c 
College is governed by the provisions of the Act & Rules of 1976-Held: No. 
Words & Phrases-'means and includes~ 'college'-Meanfng of in the 
context of Tamil Nadu Private Colleges (Regulation}-Section 2(b). 
The Governing body of the Respondent College passed a resolution D 
resolving that the Tamil Nadu Private Colleges (Regulation) Act and Rules 
of 1976 do not apply to the college. The teaching staff of the college filed 
writ petitions before High Court challenging th~ validity of the said resolu-
tion and also powers of the college to advertise on All India basis calling 
for applications for filling up vacancies in faculty positions in various 
Departments. The Respondent college also filed a writ petition asserting E 
that the professional and technical colleges like the Respondent are not 
included within the purview of the Act and Rules. 
In the meanwhile the All India Council for Technical Education was 
established by the Government of India as an expert body to advise 'the F 
1--
Central and the State Governments for 
ensuring the co-ordinated 
-J 
development of technical education in accordance with approved stand-
ards and a State Board of Technical Education was set up by the Govern-
-:r-
ment of Madras. The Director of Technical Education was entrusted with 
the duties that were being performed by the Director of Public Instructions G 
in respect of all the Colleges of Engineering and Technology in the State 
including Government Institutions as well as Aided Private Institutions. 
'"" 
The High Court held that the Act and Rules do not apply to the 
college of the Respondent. Hence these appeals by the teaching staff of the 
Respondent Institution. 
H 
1061 
1062 
SUPREME COURT REPORTS 
(1995) 2S.C.R. 
A 
Dismissing the appeals this Court. 
HELD: 1. In view of the definition of "college" and "Director" con-
tained in Rule 2(b) and 2(d) of the Rules, professional and technical 
educational institution are excluded from the ambit of the Act. [1074-A] 
B 
2. Rules made under a statues are a legitimate aid to construction 
of the statutes as Contemporates Exposition. Craies an Statute Law 7th 
Edn. pp.157-158. [1074-A] 
Tata Engineering and Locomotive Company Ltd. v. Gram Panchayat 
C Pimpri Waghere, [1977) 1SCR306 at p.317. 
3.1. A particular expression is often defined by the legislature by 
using the word 'means' or the word 'includes'. Sometimes the words 'means 
and includes' are used. [1072-G] 
D 
3.2. The word 'includes' when used, enlarges the meaning of the 
expression defined so as to comprehend not only such things as they signify 
according to their natural import but also those things which the clause 
declares that they shall include. [1072-H, 1073-A] 
3.3. The words 'means and includes', on the other hand, indicate "an 
E exhaustive explanation of the meaning which, for the purposes of the Act, 
must invariably.be attached to these words or expressions". [1073-A] 
F 
3.4. The use of the word 'means' indicate that definition is a hard 
and fast definition, and no· other meaning can be assigned to the expres· 
sion than is put down in definition. [1072-G] 
·f-
Punjab Land Development and Reclamation Corp~. Ltd. v. Presiding__...,. 
\-
Officer, Labour Court, [1990] 3 SCC 682, ~ied on. 
G 
H 
Gough v. Gough, [1891) 2 QB 665, referred to. 
4. The use- of the words 'means and includes' in Rule 2(b) of the 
Tamil Nadu Private Colleges (Regulation) Rules suggests that the defini· 
tion of "college" is intended to be exhaustive and not extensive and would 
cover only the educational institutions falling in the categories specified in 
Rule 2(b) and other educational institutions are not comprehended. 
[1073-B] 
KASILINGAMv. P.S.G. COLLEGE 
1063 
4.1 In so far as Engineering Colleges are concerned, their exclusion A 
may be for the reason that the opening and running of 'the private En-
gineering College are controlled through the Board of Technical Education 
and Training and the Director of Technical Education in accordance with 
the directions issued by the All India Council for Technical Education 
from time to time. The Grant-in-Aid Code contains provisions which, in B 
many respects, cover the same field as
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