T.A.Abdul Alim vs The State of Tamilnadu
- Court
- Madras High Court
2026:MHC:3619
WP(MD)No.24289 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.09.2026
CORAM
THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN
AND
THE HON'BLE MR JUSTICE R.SAKTHIVEL
W.P(MD)No.24289 of 2026 and
WMP(MD) No.18097 of 2026
T.A.Abdul Alim S/o.Abdul Kareem,
10/7, Syed Hussain Street,
Salaiyur, Ilayangudi Post,
Sivagangai District 630 702 ... Petitioner
- Vs. -
1. The State of Tamilnadu
Rep by its Secretary,
Department of Higher Education,
Fort St.George, Chennai 600 009
2. The Director of Collegiate Education, College Road, Chennai 600 015
3. The Regional Joint Director of Collegiate Education, Madurai 2
4. The Alagappa University Rep by its Registrar,
Karaikudi 3
5. The Secretary
The Dr.Zakir Husain College Society, Ilayangudi, Sivagangai District
6. The Secretary The Dr.Zakir Husain College of Arts and Science,
Ilayangudi, Sivagangai District ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
praying this court to issue a Writ of Mandamus directing the respondents to
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admit the boy students in the 6th respondent college namely Dr.Zakir
Husain College of Arts and Science, Ilayangudi, Sivagangai District in the
academic year 2026-2027 and all subsequent academic years.
For Petitioner : Mr.S.Xavier Rajini
For Respondents : Mr.M/Kannan for R1 to R3
Special Government Pleader
Mr.Balamurugan for R5&R6
Mr.T.Cibi Chakraborthy for R4
ORDER
(Order of the Court was made by C.V.KARTHIKEYAN, J)
The writ petition has been filed in the nature of a mandamus seeking
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a direction against the respondents to admit the boy students to the 6
respondent college namely Dr.Zakir Hussain College of Arts and Science,
Ilayangudi, Sivagangai District in the academic year 2026-27 and all
subsequent years.
2. In the affidavit filed in support of the writ petition, it had been
contended by the petitioner, who is a Social Activist, that in Ilayankudi,
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there are more than 3000 families are living and that the 5 respondent
College/Dr.Zakir Hussain College Society, Ilayangudi, Sivagangai District,
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which is a registered society, is running two separate colleges, namely,
Dr.Zakir Hussain College of Arts and Science and Dr.Zakir Hussain College
of Education. It had been stated that in the Arts and Science College, there
are Undergraduate courses for both boys and girls. It had been stated that
practically from the year 2020-21, every year more than 150 boys and girls
had been admitted to the said College.
3. In the counter affidavit filed by the Joint Director of Collegiate
Education at Madurai, it had been stated that during the academic year
2025-26 about 603 boys students and 952 girl students were studying in the
college. The grievance of the petitioner is that for the academic year
2026-27, boys students had been denied admission and they had been
directed to go elsewhere to study. It had been contended that this had
directly affected the prospects of the boy students from getting education
and it is under those circumstances, the writ petition had been filed.
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4. A counter affidavit had been filed by the 6 respondent/Secretary of
Dr.Zakir Husain College, wherein, it had been stated that a proposal had
been forwarded to convert the College into a purely Girls College, after a
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decision in that regard had been taken by the College Management and the
General Body. It had been stated that the said proposal has not yet been
approved by the official authorities. It had been however stated that no boy
students had been denied admission and as a matter of fact, this year 13
boys had been granted admission.
5. The learned counsel for the petitioner however pointed out the
number of students, who had joined in the previous academic years and in
the affidavit, a tabular column is given, which is as follows:
Sl.No. Number of students Academic year
1 259 2020-2021
2 278 2021-2022
3 273 2022-2023
4 390 2023-2024
5 226 2024-2025
6 149 2025-2026
He pointed out that when consistently more than 150 students had been
granted admission, this particular academic year, only 13 boys had been
admitted.
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6. In the counter affidavit of the Joint Director of Collegiate
Education, it had been further stated that a communication was issued to the
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6 respondent College and it had been clarified by them that there would not
be any reduction in the teaching or non teaching staff consequent to their
proposal to convert the college as Girls College. It had also been stated that
no financial burden would be caused to the Government. It had also been
pointed out that there were two Government Colleges situated at a distance
of 7 and 10 kms., from the College exclusively for boys. It had been stated
that since there was no College for girls exclusively, a decision had been
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taken to convert the 6 respondent College to a girls College.
7. The learned counsel for the petitioner argued that in the previous
year, 603 boys have been studying and denial of admission would indicate
that nearly 550 boys have been denied the opportunity to be educated in the
said College. It had therefore been contended that a direction should be
given that both boys and girls should be admitted in the college, provided
they are otherwise eligible, and there cannot be any rejection of application
from boy students.
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8. We have carefully considered the arguments advanced on either
side.
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9. The 6 respondent is run by its own Management. They take a
decision regarding the nature of courses in which education is to be
imparted and also the eligibility criteria for the students to be admitted.
They also decide the staff strength. Any decision taken by them will
necessarily have to be approved by the Directorate of Collegiate Education.
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In the instant case, it emanates from the counter affidavit of the 6
respondent college that the College Management and the Geneal Body had
taken a decision to convert the College into Girls College. Viewed from one
particular angle, it would also be the advantage of the Muslim community as
a whole, since more girls would now be given an opportunity to study and
to join college. They may not have able to get themselves admitted owing to
the boys being admitted in the particular college rather than opting for the
exclusive boys college and therefore, the decision has been taken by the
Management and General body. As on date, the same has not been granted
approval. This Court at this stage cannot sit as an appellate authority or as a
reviewing authority over the said decision taken. It is the exclusive
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prerogative of the Directorate of Collegiate Education to take a decision on
this particular aspect. We have to be, therefore, extremely prudent while
expressing any opinion on the same. We only state if any eligible boy
students applies, till approval is granted for converting the College into an
exclusive girls college, there should not be any denial of admission or
rejection of the application, if the boys are otherwise eligible to be admitted
and has the requisite qualification.
10. We would also place an obligation on the official respondents, if
they approve the decision of the general body of the College Committee to
convert the College into an exclusive girls college, then, increase the
number of students intake in the other two Government Arts and Science
Colleges within the vicinity at Ilayankudi. This would enable the boys also
to get admission in the colleges. We have only expressed this opinion for the
limited purpose of disposing this writ petition. We are confident that the
Director of College Education would independently take a decision with
respect to the proposal to convert the college into exclusive girls college
depending on the parameters, which they set for approval of any such
decision by the College Management. We make it clear that none of the
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observations should play on the minds of the authorities, when they take a
decision.
11. Recording as above, this writ petition stands disposed of. No
costs. Consequently connected Miscellaneous Petition is closed.
(C.V.K.,J.) (R.S.V,J.)
01.09.2026
NCC : Yes
Index : Yes
RR
To
1.The Secretary,
Department of Higher Education,
Fort St.George, Chennai 600 009
2. The Director of Collegiate Education, College Road, Chennai 600 015
3. The Regional Joint Director of Collegiate Education, Madurai 2
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C.V.KARTHIKEYAN, J
AND
R.SAKTHIVEL, J
RR
WP(MD) No.24289 of 2026
01.09.2026
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