Holding

The Tamil Nadu Private Colleges (Regulation) Act, 1976 and the 1976 Rules do not apply to private engineering or technical colleges, as they are excluded by the exhaustive definition of "college" and "director" in the Rules.

Summary

The Supreme Court considered appeals by teaching staff of P.S.G. College of Technology challenging a Madras High Court decision that the Tamil Nadu Private Colleges (Regulation) Act, 1976 and its Rules did not apply to the college. The college, a private engineering institution, had resolved that the Act and Rules were inapplicable, and the staff contended that the college must follow the service provisions of Rule 11 for promotions and recruitment. The Court examined the definitions of "college" in Rule 2(b) and "director" in Rule 2(d), noting the use of "means and includes" as an exhaustive definition that excluded professional and technical colleges. It also considered the parallel regulatory framework of the All India Council for Technical Education and the State Board of Technical Education, which govern engineering colleges through the Director of Technical Education. Relying on principles of statutory construction and the intent evident in the Rules, the Court held that the Act and Rules were not applicable to private engineering colleges. Consequently, the appeals were dismissed.

Issues considered

Whether the Tamil Nadu Private Colleges (Regulation) Act, 1976 and its Rules apply to private engineering/technical colleges.
Whether the definition of "college" using "means and includes" in Rule 2(b) is exhaustive or expansive.
Whether the service provisions of Rule 11 can be enforced on technical institutions.
Whether the State's legislative competence under List III, Entry 25 extends to professional colleges.

Legislation cited

All India Council for Technical Education Act, 1987
Constitution of Indias. 356, s. 357

Subjects

private college regulationtechnical educationinterpretation of "means and includes"service conditions of teachersAICTEdirector of technical educationstatutory construction

Judgment

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
E
Departments. The Respondent college also filed a writ petition asserting
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
Central and the State Governments for ensuring the co-ordinated
-J 1--
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-
·f-
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]

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.

Gough v. Gough, [1891) 2 QB 665, referred to.

G 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.
H [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 is covered by the Act and the Rules.
The Director of Technical Education has been entrusted with the functions
of proper implementation of those provisions. There is nothing to show
that the said arrangement was not working satisfactorily so as to be
replaced by the system sought to be introduced by the Act and the Rules. C
Rule 2(d), on the other hand, gives an indication that there was no
intention to disturb the existing arrangement regarding private engineer-
ing colleges because in that Rule the expression 'Director' is defined to
mean the Director of Collegiate Education. The Director of Technical
Education is not included in the said definition indicating that the institu-
tions which are under the control of Directorate of College Education only D
are to be covered by the Act and the Rules and technical educational
institutions in the state of Tamil Nadu which are controlled by the Director
of Technical Education are not so covered. [1073-C-E]

4.2 The Act and the Rules form part of a composite scheme. Many E
of the provisions of the Act can be put into operation only after the relevant
provision or form is prescribed in the Rules. In the absence of the Rules
the Act cannot be enforeed. If it is held that Rules do not apply to technical
educational institutions, the provisions of the Act cannot be enforced in
respect of such institutions. (1074-B] F

5. Once it is found that on a proper construction the Act and the
Rules do not apply to professional and technical institutions then none of
the provisions of the Rules, including Rule 11, can be said to apply to
professional and technical institutions and it is not possible to say that G
some of the provisions of the Rules are applicable while others do not
apply to such institutions. (1074-F]

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10001 of
1983 etc.etc.. H
1064 SUPREME COURT REPORTS [1995] 2 S.C.R.

A From the Judgment and Order d~ted 23.12.82 of the Madras High
Court in W.P. No. 3130 of 1982.
-I\ -
M.K. Banerjee, Attorney General, C. Sitaramiah, AK. Ganguli, P.P.
Rao, M.N. Krishnamarii, C.S. Vaidyanathan, K. Parasaran, S. Sub-
ramaniam, G. Vishwanatha Iyer, K.R. Nagaraja, Gaurav Banerjee, A
B Mariaputham, WA. Qadri, Ms.Aruna Mathur; Sudarsh Menon, K.V.
Mohan, B.K. Prasad, Naveen Prakash, S. Wasim Qadri, Dr. A Francis
Julian, v: Balachandran, N. Sudhakaran, W.C. Chopra, AV. Rangam,
S.R. Setia, R.P. Srivastava, V.K. Verma, Ms. Sushma Suri and K.R. Chaud-
hary with them for the appearing parties.
c The following Judgment of the Court was delivered by i
!
S.C. AGRAWAL, J. These appeals raise the common question
whether a private engineering college is governed by the provisions of The
Tamil Nadu Private Colleges (Regulation) Act, 1976 [hereinafter referred
D to as 'the Act'] and the Tamil Nadu Private Colleges (Regulation) Rules,
1976 [hereinafter referred to as 'the Rules'] made under the Act. This
question has arisen in the context of P.S.G. College of Technology and
Polytechnic, Coimbatore [hereinafter referred to as 'the College'] in three
Writ Petitions [Writ Petitions Nos. 2604, 3130 and 3205 of 1981] before
the Madras High Court. By its judgment dated December 23, 1982, the
E High Court, while dismissing Writ Petitions Nos. 2604 and 3130 of 1981
and allowing Writ Petition No. 3205 of 1981, has held that the Act and the
Rules do not apply to the College. These appeals are directed against the
said judgment of the High Court.

F On January 31, 1976 the President of India issued a Proclamation
under Article 356 of the Constitution of India, in relation to the State of
Tamil Nadu, declaring inter alia that the powers of the Legislature of qie
State shall be exercisable by or under the authority of Parliament. Parlia-
ment under Article 357 (l)(a) of the Constitution enacted the Tamil Nadu
G State Legisla~ure (Delegation of Powers) Act, 1976 whereby it conferred
on the President of India the powers of the Legislature of the State of
Tamil Nadu to make laws in relation to State of Tamil Nadu. In exercise
of the said powers the President of India enacted the Act to provide for
the regulation of private colleges in the State of Tamil Nadu. Chapter II
[Sections 3 to 10] makes provisions for establishment, permission for
H establishment and management of private colleges. In Chapter III [Sections

• 1
KASILINGAMv. P.S.G. COLLEGE [AGRAWAL,J.) 1065

11 to 14] provision is made for college committee and its constitution and A
Chapter IV (Section 15 to 24] deals with the terms and conditions of service
of teachers and other persons employed in private coll~ges. Chapter V
[Sections 25 to 32] relates to control of private colleges. Other provisions
are contained in Chapter VI (Accounts, Audit, Inspection and Furniture),
~hapter VII (General Provisions regarding Appeal and Revision], Chapter B
VIII [Penalities and Procedure] and Chapter IX [Miscellaneous].

In exercise of the powers conferred by Section 53 of the Act the
Governo~ of Tamil Nadu has made the Rules. Rule 3 makes provision for
the application for permission to establish a college and prescribes the
form (Form 2) for such an application. Rule 4 provides for grant of C
permission by the State Government. Rule 7 makes provision for payment
of grants to the college for the purpose of teaching, construction of
buildings, purchase of building site, play ground, furniture, .books and
appliances. Rule 8 relates to constitution of committee. Rules 11 to 15 deal
with the conditions of service, etc. of teachers and other persons in college. D
Rule 16 appertains to closure of private colleges.

On March 18, 1981 the Governing Body of the College passed a
resolution whereby it was resolved that the Act and the Rules do not apply
to the College. P. Kasilingam, a lecturer in the Electrical Electronics and
Communication Engineering in the College, filed a Writ Petition [Writ E
Petition Nos. 2604 of 1981] wherein he challenged the validity of the said
resolution of the Governing Body of the College. In the said Writ Petition
the said petitioner challenged the power of the College to advertise on All
India Basis and call applications for filling up vacancies in faculty positions
in various departments. The case of the said petitioner was that in view of F
Rule 11(4)(i) and (ii) it is incumbent on the part of the College to consider
the claims of all qualified teachers in the College while making promotions
and making of direct recruitment to promotional posts could arise only
when none of the qualified teachers in the College is found qualified for
promotion. The said petitioner claimed that he is qualified for promotion
from the post of Lecturer to the post of Assistant Professor in the Depart- G
ment of Electrical, and Electronics Engineering or Electronics and Com-
munication Engineering and that without promoting him the causing of all
India advertisement for filling up the vacancies was illegal. Another Writ
Petition [Writ petition No. 3130 of 1981] was filed by a number of teachers
in the College wherein they challenged the resolution of the Governing H
1066 SUPREME COURT REPORTS [1995) 2 S.C.R.

A Body of the College dated March 18, 198.1. As a counter to these writ
petitions the College filed a Writ Petition [Writ Petition No. 3205 of 1981)
wherein it was asserted that the professional and technical colleges, like
the College, are not included within the purview of the Act and the Rules
and that the Central Government as well as the State Government have
B both proceeded on the basis that the provisions of the Act and the Rules
do not cover such professional colleges.

At this stage it would be relevant to mention that the All India
Council for Technical Education [AICTE) was established by the.Govern-
L
ment of India by a Government resolution in 1945 as a national expert
C body to advise the Central and the State Government for ensuring the
co-ordinated development of technical education in accordance with ap-
proved standards. Till the enactment of the All India Council for Techni-
cal Education Act, 1987, whereby the AICTE was established as a statutory
body, the AICTE was functioning as a non-statutory body. Keeping in view
D the schemes of financial assistance of the Government of India for the
development of technical education and the recommendations made by the
Government of India in that regard, the Government of Madras, by GO
No. 1174 dated July 4, 1957, set up a State Board of Technical Education
and Training for the State of Madras [Now State of Tamil Nadu) to advise
the State Government on general programme as well as specific individual
E schemes necessary for bringing about co-ordinated development of
Technical Education and Training in the State at all levels. By the said
• order the Government of Madras also constituted the Directorate of
Technical Education as a separate unit with the Chief Engineer, Public
Works Department (General and Buildings) as the ex-officio Director of
F Technical Education. The Director of Technical Education has been
entrusted with the duties that were being performed by the Director of
Public Instruction in respect of all the Colleges of Engineering and Tech-
nology in Madras State including Government Institutions as well as Aided
Private Institutions. In addition, he has been entrusted with the following
G duties:-

"(a) To supervise and direct the implementation of all schemes
included in the Second Five year Plan for expansion and
improvement of the College of Engineering and Technology
H as well as Polytechnics;
1
KASILINGAMv. P.S.G. COLLEGE [AGRAWAL,J.) 1067

(b) To verify the fulfillment by all Institutions of the conditions A
attached to grant-in-aid received by them from the Govern-
-\ ment of India and/or from the State Government;

(c) To initiate proposals for expansion and improvement of Tech-
nical Education and Training at all levels for the considera-
tion by the Board of Technical Education and Training and B

..-
to supervise and direct the implementation of all recommen-
dations made by the Board and accepted by the Government;
\
and
f (d) To maintain liasion between the Board of Technical Educa-
tion and Training of the State and the Southern Regional
c
Committee of the All-India Council of Technical Education."

In discharge of his duties the Director of Technical Education sub-
mits proposals for starting new Private Engineering Colleges in Tamil Nadu
to the State Government for approval. D
In 1967 the Director of Technical Education, under the Authority of
the State Government, issued the Grant-in-Aid Code of the Madras Tech-
nical Education Department [hereinafter referred to as 'the Grant-in-Aid
Code') containing rules for sanctioning Grant-in-Aid to all recognised
technical educational institutions under private management. Article 3 of E
the Grant-in-Aid Code lays down that the said rules shall apply to all
private technical educational institutions recognised or to be recognised
hereafter by the Government or any authority authorised by the Govern-
ment in this behalf from time to time. Article 5 specifies that grants may
be (i) Technical grants, for teaching which are recurring; and (ii) Building p
and equipment grants, for the construction, enlargement, improvement and
purchase of institutional buildings and for purchase of furniture, apparatus,
chemicals and appliances or books for institutional libraries and of the
plant, materials, equipment and tools requires for laboratories and
workshops, which are non- recurring. In Chapter II of the Grant-in-Aid
Code the conditions of aid are laid down which include the constitution of G
the Governing Council, its functions, meetings, endowments, selection of
staff and their conditions of service and admissions of students, etc..
Article 21 in the said Chapter provides that ·"no new courses shall be
started or intake to the approved courses increased without the prior
approval of (1) the All-India Council for Technical Education and its H·
1068 SUPREME COURT REPORTS [1995] 2 S.C.R.

A Southern Regional Committee or (2) the Central Government in the
Ministry of Education or (3) the Government/Director as the case may be." f_
Chapter III of the Grant-in-Aid Code deals with non-recurring grant for
Buildings, while Chapter IV deals with non-recurring grants for books,
furniture and equipments and Chapter V deals with recurring grants. The
B Director of Technical Education is the authority who has been entrusted
with the enforcement of the provisions of the Code.

We may now briefly refer to the relevant provisions of the Act and
the Rules. L--

c appliesIntosub-section (3) of Section 1 of the Act it is laid down that the Act
all private colleges. The expression "private college" is defined
in sub-section (8) of Section 2 as follows:-

"Private college" means a college maintained by an educational
agency and approved by, nor affiliated to, a university but does not
D include a college-

(a) established or administered or maintained by the Central
Government or the Government or any local authority or any
university; or

E (b) giving, providing or imparting religious instruction alone,
but not any other instructions."

Section 3 of the Act lays down:-

"New private college to obtain permission.- Save as otherwise
F expressly provided in this Act, no person shall, without the per-
mission of the· Government and except in accordance with the - ~ \-
terms and conditions specified in such permission, establish, on or
after the date of commencement of this Act, any private college: ---(-

Provided that it shall also be necessary to obtain affiliation of
G such college to a university."

Section 4 requires that the educational agency of every private col-
lege proposed to be established on or after the date of the commencement
of this Act shall make an application to the Government for permission to
H establish such college and 'it provides the requirements for such applica-
KASILINGAMv. P.S.G.COLLEGE[AGRAWAL,J.) 1069

tion. Section 5 makes provision for grant of permission by the State A
Government and under Section 6 such permission is deemed to have been
granted in respect of private college in existence immediately before com-
mencement of the Act on receipt of a statement under sub-section (3) of
Section 4.

In the Rules the expression "College" is defined in clause (b) of Rule B
2 as under :-

"College" means and includes Arts and Science Colleg1'!, Teachers
Training College, Physical Education College, Oriental College,
School Qf Institute of Social Work and Music College maintained C
by the educational agency and approved by, or affiliated to the
University."

The expression "Director" is defined in clause (d) nf Rule 2 to mean
the Director of Collegiate Education who has been assigned various func-
tions in relation to private colleges under the Rules. There is no reference D
to Director of Technical Education in the Rules.

Before the High Court the State of Tamil Nadu as well as the Union
of India, who had been impleaded as respondents in Writ Petition No. 3205
of 1981 filed by the College, had taken the stand that the College was not
covered by the provisions of the Act and the Rules. The stand of the State E
in these appeals is, however, completely opposite inasmuch as it has been
contended on behalf of the State that private professional colleges impart-
ing technical education fall within the ambit of the Act and the Rules.

Before we proceed further we may briefly refer to an earlier Writ F
Petition No. 2756 of 1976 filed by Kasilingam in the High Court. An enquiry
was pending against Kasilingam and during the pendency of the said
enquiry Kasilingam is alleged to have given a letter of resignation on March
19, 1976 with a request that he be relieved of his duties from the College
after six months from the date of that letter. This letter was accepted by
the Principal of the College who agreed to relieve !Kasilingam with effect G
from September 19, 1976 but an order was issued on April 5, 1976 relieving
Kasilingam with immediate effect and enclosing a cheque for the salary
payable to Kasilingam of the remaining portion of the six months period.
Kasilingam submitted a memorandum to the Governor of Tamil Nadu
complaining that the letter of resignation given by him was Iiot voluntary H
1070 SUPREME COURT REPORTS (1995) 2 S.C.R.

A but was a result of coercion and threat. This. memorandum to the Governor
was endorsed to the University of Madras for consideration. It was dis-
missed by Syndicate of the Madras University on May 15, 1976 on the -f.
ground, among others, that no appeal would lie to the Syndicate. There-
upon Kasilingam filed Writ Petition No. 2756 of 1976 praying for the issue
of a writ of certiorari to quash the order of the university. In the said Writ
B Petition it was contended that having regard to the definition of "College"
occurring in the Rules the professional colleges are not included and,
therefore, the provisions of the Act and the Rules would not apply to the
College and the University was the competent authority to deal with the
appeal of Kasilingam. The said contention was rejected by a learned single
C Judge on the view that the expanded definition of "private College" as laid
down in sub-section (8) of Section 2 cannot be abridged or curtailed by
the Rules and that the definition of "College" occurring in the rules is an
inclusive definition of college. Thereafter, Kasilingam filed an appeal to the
Government which was forwarded to the Additional Director of Technical
D Education for conducting an enquiry and submitting a report and after
receiving such report the Government allowed the appeal and directed
reinstatement. The College filed a Writ Petition ~o. 16 of 1979 against the
said order of the Government and the High Court by order dated October
1, 1979 allowed the said writ petition on merits and set aside the order of
the State Government. Kasilingam filed an appeal (Civil Appeal No. 493
E of 1980) against the said decision of the High Court which was allowed by
this Court and the order of the State Government to reinstate Kasilingam
in service was restored and the matter was remitted to the Government to
decide as to whether Kasilingam is enti~led $.Q- all .an:ears ·of pa:y and
allowat).ces upon his reinstatement in servire.
F
.-_ - ·
.

Before the High Court it was urged that the decision in Writ Petition
No. 2756 of 1976 holding that professional colleges are included in the
definition of "private college" contained in sub- section (8) of Section 2 of
the Act operates as res- judicata. The said contention was rejected by the
High Court on the view that the judgment in Writ Petition No. 2756 of 1976
·G was one of dismissal of the writ petition and the College could not be said
to be a person aggrieved by the judgment and that neither the Union of
India nor the Government of Tamil Nadu were parties to the Writ Petition.
According to the High Court the conduct of the College in not questioning
the jurisdiction of the Government in entertaining the appeal on the ground ~.
H that the Act and the Rules are not applicable and fighting the case on
KASILINGAMv. P.S.G.COLLEGE(AGRAWAL,J.) 1071

merits at the subsequent stages could not in any way be considered, as a A
.\ conduct which would preclude the College from agitating the question of
the validity or applicability of the Act and the Rules.

On an examination of the provisions of the Act and the Rules as well
as the Grant- in-Aid Code the High Court has held that professional
private colleges are outside the ambit of the Act and the Rules. Referring B
to the definition of "private college" as contained in Section 2(8) of the Act
and the definitions of "College" as contained in Rule 2(b) and "Director"
in Rule 2(d) the High Court ~as observed :-
( "It is true that the Rules could not restrict the application of the C
Act. But we are not reading the Rules as restricting the operation
of the Act, but as an instance of how the authorities who are to
enforce the provisions of the Act have understood and applied the
provisions, keeping in view the intentions of the Legislature. All
along the Central Government and the State Government were
proceeding on the basis that the Act is not. applicable to engineer- D
ing colleges which are professional institutions."

"The understanding of the State Government and its officers, who
are the competent persons to enforce the Act and the Rules, on
the applicability of the Act and the Rules to professional and
technical institutions, though the Act had been in force for a few E
years, only, could, in our opinion, justifiably invoked in interpreting
the provisions of the Act and the Rules on the principle of
'com_munis emJr facit jus'."

The High Court has also held that the Central Government had F
f '1--. issued directions and instructions relating to technical educational institu-
tions which are referable to matters covered by Entry 66 of List I in the
Seventh Schedule to the Constitution in respect of which Parliament alone
has the power to make laws and that the Union Government could exercise
its executive powers in respect of those matters even in the absence of a
law made by the Parliament and that power of the State Legislature to G
make laws in respect of matters falling under Entry 25 of List III of the
Seventh Schedule being subject to the power conferred on Parliament
under Entry 66 of List I, the State Legislature had no power to enact a law
governing professional and technical educational institutions and, there-
fore, the Act and the Rules could not apply to professional and technical H
1072 SUPREME COURT REPORTS [1995) 2 S.C.R.

A educational institutions.

The said view of the High Court has been assailed before us by the
appellants in these appeals, viz., the members of the teaching staff of the
College as well as by the State of Tamil Nadu. Shri P.P. Rao, the learned
senior counsel appearing on behalf of the State of Tamil Nadu, has urged
B that private colleges are covered by the Act and the Rules and the wide
amplitude of the Act cannot be curtailed by the provisions contained in the
Rules. Shri Rao has also urged that the matters dealt with in the Act do
not relate to co-ordination and determination of standards in institutions
for higher educat.ion for research and scientific and technical institutions
C and, therefore, the Act cannot be said to be a law in respect of matters
falling under Entry 66 of List I and that it relates to matters falling under
Entry 25 of List III.

We will first deal with the contention urged by Shri Rao based on
D the provisions of the Act and the Rules. It is no doubt true that in view of
clause (3) of Section 1 the Act applies to all private colleges. The eipres-
sion "college" is, however, not defined in the Act. The expression "private
college" is defined in clause (8) of Section 2 which can, in the absence of
any indication of a contrary intention, cover all colleges including profes-
sional and technical colleges. An indication about such an intention is,
E however, given in the Rules wherein the expression "college" has been
defined in Rule 2(b) to mean and include Arts and Science College,
Teachers Training College, Physical Education College, Oriental College,
School of Institute of Social Work and Music College. While enumerating
the..various types of colleges in Rule 2(b) the Rule making authority has
F deliberately refrained from including professjonal and technical colleges in
the said definition. It has been urged that in Rule 2(b) the expression
"means and includes" has been used which indicates that the definition is
inclusive in nature and also covers categories which are not expressly
mentioned therein. We are unable to agree. A particular expression is often
defined by the Legislature by using the word 'means' or the word 'includes'.
G Sometimes the words 'means and includes' are used. The use of the word
'means' indicates that "definition is a hard-and-fast definition, and no other
meaning can be assigned to the expression than is put down in definition."
See : Gough v. Gough, [1891) 2 QB 665 and Punjab Land Development and
Reclamation Corpn. Ltd. v. Presiding Officer, Labour Court, [1990) 3 SCC
H 682, at p.717. The words 'includes' when used, enlarges the meaning of the
f
KASILINGAM v. P.S.G. COLLEGE [AGRAWAL, J.] :!.073

expression defined so as to comprehend not only such things as they signify A
according to their natural import but also those things which the clause
declares that they shall include. The words 'means and includes', on the
other hand, indicate "an exhaustive explanation of the meaning which, for
the purposes of the Act, must invariably be attached to these words or
expressions." [See: Dilworth v. Commissioner of Stamps, [1899] AC 99 at B
pp. 105-106 (Lord Watson) ; Mahalakshmi Oil Mills v. State of Andhra ·
Pradesh, [1989] 1 SCC 164, at p. 169). The use of the words 'means and
includes' in Rule 2(b) would, therefore, suggest that the definition 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. In so far as C
engineering colleges are concerned, their exclusion may be for the reason
that the opening and running of the private engineering colleges are
controlled through the Board of Technical Education and Training and the
Director of Technical Education in accordance with the directions issued
by the AICTE from time to time. As noticed earlier the Grant-in-Aid Code D
contains provisions which, in many respects, cover the same field as is
covered by the Act and the Rules. The Director of Technical Education
has been entrusted with the functions of proper implementation of those
provisions. There is nothing to show that the said arrangement was not
working satisfactorily so as to be replaced by the system sought to be
introduced by the Act and the Rules. Rule 2(d), on the other hand, gives E
an indication that there was no intention to disturb the existing arrange-
ment regarding private engineering colleges because in that Rule the
expression "Director" is defined to mean the Director of Collegiate Educa-
tion. The Director of Technical Education is not included in the said
definition indicating that the institutions which are under the control of p
Directorate of College Education only are to be covered by the Act and
the Rules and technical educational institutions in the State of Tamil Nadu
which are controlled by the Director of Technical Education are not so
- )- - covered.

The Rules have been made in exercise of the power conferred by G
Section 53 of the Act. Under Section 54(2) of the Act every rule made
under the Act is required to be placed on the table of both Houses of the
Legislature as soon as possible after it is made. It is accepted principle of
statutory construction that "rules made under a statute are a legitimate aid
to construction of the statute as Contemporanea Expositio" [See: Craies on H
1074 SUPREME COURT REPORTS [1995) 2 S.C.R.

A Statute Law, 7th Edition pp.157-158; Tata Engineering and Locomotive
Company Ltd. v. Gram Panchayat Pimpri Waghere, [1977) 1 SCR 306 at p. ·l.
I

317. Rule 2(b) and Rule 2(d) defining the expression "College" and
"Director" can, therefore, be taken into consideration as contemporanea
expositio for construing the expression "private college" in Section 2(8) of
the Act. Moreover, the Act and the Rules form part of a composite
B scheme. Many of the provisions of the Act can be put into operation only
after the relevant provision or form is prescribed in the Rules. In the
absence of the Rules the Act cannot be enforced. If it is held that Rules
do not apply to technical educational institutions the prov.isions of the Act
cannot be enforced in respect of such institutions. There is, therefore, no
C escape from the conclusion that professional and technical educational
institutions are excluded from the ambit of the Act and the High Court has
rightly taken the said view. Since we agree with the view of the High Court
that professional and technical educational institutions are not covered. by
the Act and the Rules, we do not consider it necessary to go into the
D question whether the provisions of the Act fall within the ambit of Entry
25 of List III and do not relate to Entry 66 of List I.

Shri Sitaramaiah, the learned senior counsel appearing for the appel-
.lant it\ Civil Appeal No. 10002 of 1983, has urged that Rule 11 which relates
to conditions of service, etc., of teachers and other persons in college is
E referable to Section 17 of the Act and there is nothing in Section, 17 and
Rule 11 to indicate that they are confinfd in their application to colleges
other than technical education~stitl;ltions and that there is no reason
why the conditions of service of teachers in technical educational institu-
tions should not be governed by Rule 11. We find no substance in this
F contention. Once it is found that on a proper construction the Act and the
Rules do to apply to professional and technical educational institutions
then none of the provisions of the Rules, including Rule 11, can be said to
apply to professional and technical educational institutions and it is not
possible to s~y that some of the provisions of the Rules are applicable while
others do not apply to such institutions.
G
For the reasons aforementioned we do not find any merit in these
appeals and the same are accordingly dismissed. No order as to costs.

K.S.D.- Appeals Dismissed.