- (1.)These three writ petitions can ber dealt with under a common judgment. The facts in these writ petitions are as follows:
(2.)During the Fifth World Tamil Conference held at Madurai in January, 1981, the participants including the foreign delegates expressed the need for the establishment of a Tamil Univesity in order to fulfil the long-felt aspirations of the Tamil enthusiasts and the people of Tamil Nadu. Tamil being one of the ancient classical lauguages, has contributed to the enrichment of civilisation in India in the fields such as art, culture, medicine and philosophy, to mention a few. Notwithstanding all these, there had been no separate University for Tamil. The Tamil language has its impact not only on the people of India, but has a deep impact on people in foreign countries, particularly, the research scholars. The establishment of a Tamil University would help research in Tamil language, linguistics, art and culture by Tamil scholars.
(3.)It was with this object that it was decided to establish the Tamil University at Thanjavur to help in this direction and to develop research in various facets of Tamil language. An Ordinance called the Tamil University Ordinance X of 1981 was promulgated to achieve this object. Thereafter that Ordinance was replaced by the Tamil University Act IX of 1982. Inter alia it provides under section 3 as under:
"3. Establishment of the University. (1) For furthering the advancement of learning and prosecution of research in Tamil there shall be established a University by the name the Tamil University. (2) The University shall be a body corporate, shall have perpetual succession and a common seal and shall sue and be sued by the said name. (3) The University shall be of the unitary and residedtial type. (4) No institution affiliated to, or associated with, or maintained by, any other University in the State shall be recognised. by the University for any purpose, except with the prior approval of the Government and the concerned University. (5) The headquarters of the University shall be located within the limits of the Thanjavur Municipality or in any place within a radius of twenty-five kilometers around those limits. The objects and powers of the University are catalogued under section 4, which may be extracted in full: "4. The University shallhave the following objects andpowers namely: (1) to function as a high-level research centre (2) to impart training to those residing within and beyond India who desire to study Tamil (3) to facilitate and regulate research in fields like Art. Culture, Music, Stage-plays, Painting. Sculpture, Architecture, Literature. Grammar, Linguistics, History, Religion, Philosophy, Geography, Soil Sciences, Astronomy, Navigation and Shipping, Astrology, Siddha Medicine, Engineering Sciences and Handicrafts that have developed on the basis of the Tamil language (4) to translate books in other languages into Tamil according to the needs in consonance with the objectives of the University and also to translate books in Tamil into other languages (5) to preserve and publish palm-leaf manuscrpits and rare ancient books (6) to search for and compile epigraphs relating to Tamil language, Tamil culture and History of the Tamils and publish them with its findings based on research (7) to compile and publish Tamil words, expressions, colloquial terms, words peculiar to industries and Agriculture, which are used by Tamil Nadu and also in other countries where Tamils live (8) to provide for research on ancient times with an eye on furturc scientific developments (9) to provide for research and determine the procedures regarding development of Tamil language embodying in itself all the educational fields existing in the developing world and evolving suitable approach therefor (10) to institute degrees, titles, diplomas and other academic distinctions (11) to confer degrees, titles, diplomas and other academic distinctions on persons who shall have carried out research in the University or in any other centre or institution recognised by the University under conditions prescribed (12) to confer honorary degrees or other academic distinctions in the prescribed manner and under conditions prescribed (13) to supervise and control hostels and to regulate and enforce discipline among the students of the University and to make arrangements for promoting their health and general welfare (14) to prescribe conditions under which the award of any degree, title, diploma and other academic distinctions to persons may be withheld (15) to co-operate with any other University, authority or association or any other public or private body having in view the promotion of purposes and objects similar to those of the University for such purposes as may be agreed upon on such terms and conditions, as may, from time to time, be prescribed (16) to establish and maintain University libraries, research stations, museums for research and publication bureau (17) to institute research posts and to appoint persons to such posts (18) to institute and award fellowships, including travelling fellowships, scholarships, medals and prizes in the manner prescribed (19) to establish, maintain or recognise hostels for students of the University and residential accommodation for the staff of the University and to withdraw any such recognition (20) to fix fees and to demand and receive such fees as may be prescribed (21) to hold and manage endowments and other properties and funds of the University (22) to borrow money with the approval of the Government on the security of the property of the University for the purposes of the University (23) to organise advanced studies and research programmes based on a deep understanding of the trends in Tamil language (24) to enter into agreement with other bodies or persons for the purpose of promoting the objectives of the University including the assuming of the management of any institution under (hem and the taking over of its rights and liabilities and (25) to do all such acts and things, whether incidental to the objects and powers aforesaid or not as may be necessary or desirable to further the objects of the University."
The rest of the provisions of the Tamil University Act is not material for the purpose of this case.