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2006 Supreme(Mad) 1395
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. JAICHANDREN
The Roman Catholic Diocese of Thanjavur - Appellant
Versus
The Joint Director of Employment and Training (CT and AT) Alandur Road, Guindy & Others - Respondents
Writ Petition No.4520 of 2006 and WPMP.Nos.4856 & 4857 of 2006
Decided On : 19 June 2006
Once minority status is declared by a court order, the authorities cannot insist on a further declaration of minority status by the government for granting benefits.
Headnote:
Writ Petition - Minority Institution - Article 30(1) of the Constitution of India - [Article 30(1), G.O.(Ms.) 270, T.M.A. Pai Foundation] - The court discussed the legal provisions related to the minority status of educational institutions and the implications of government orders on such status. The court emphasized that once minority status is declared by a court order, the authorities cannot insist on a further declaration of minority status by the government for granting benefits.
Fact of the Case:
The petitioner, an Industrial Training Centre, sought the issuance of a Writ of Certiorarified Mandamus to quash an order refusing to grant salary, emoluments, and service and pensionary benefits and to direct the respondents to grant the same, citing its status as a religious minority institution.
Finding of the Court:
The court found that once minority status is declared by a court order, the authorities cannot insist on a further declaration of minority status by the government for granting benefits.
Issues: The main issue was whether the petitioner, as a religious minority institution, was entitled to salary, emoluments, and service and pensionary benefits without a further declaration of minority status by the government.
Ratio Decidendi: The court held that the authorities cannot insist on a further declaration of minority status by the government for granting benefits once minority status is declared by a court order.
Final Decision: The order refusing to grant salary, emoluments, and service and pensionary benefits was set aside, and the respondents were directed to consider the request of the petitioner for grant of benefits without insisting on a further declaration of minority status.
(The Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus as stated therein.)
The Writ Petition has been filed praying for the issuance of a Writ of Certiorarified Mandamus, to call for all the records relating to the orders of the first respondent made in his Rc.B.No.IT2/28470/99, dated 07.07.1999, and quash that portion of the above order refusing to grant salary, emoluments and service and pensionary benefits and direct the respondents to grant the salary, emoluments and service and pensionary benefits in so far as the sanctioned and approved post of WELDER INSTRUCTOR in the petitioner's St. Xavier's Industrial Training Centre, Thanjavur, Thanjavur District, is concerned from 01.11.1998 onwards.
2. Heard the learned counsel for the petitioner as well as for the respondents.
3. It is the case of the petitioner Industrial Training Centre that the Roman Catholic Diocese of Thanjavur Religious minority society has established and is administering several Charitable Institutions like Free Education Schools, Industrial (Schools) work Centers, Orphanages, Boarding Schools, Home for the aged and destitute. They are run for the benefit of the Roman Catholic Christian Community and for providing secular education to preserve and promote its religion and culture. The society consists only of Diocesan Priests and has been serving the society since the 19th century. The petitioner Training Centre is one of several such institutions established and administered by the society providing employment training for those students who come from economically and socially backward sections of the society who cannot afford regular education in colleges. The centre imparts training to its students in trades such as Motor Mechanic, Fitter, Welder, Turner, Carpentry and Cabinet Making.
4. It is also the case of the petitioner that the Roman Catholic Diocese of Thanjavur Religious minority society and the educational institutions run by the society have been declared as christian religious minority institutions by an order, dated 24.09.1976, made by a Division Bench of this Court in W.P.No.584 of 1975. Thus, the society and its educational institutions are coming under the protection of Article 30(1) of the Constitution of India. The education department of the state government has also declared the society and its institutions as religious minority institutions, vide its proceedings in Rc.No.24541/G3/76, dated 26.11.1976. Further, the petitioner Industrial Training Centre is a government recognised and aided institution. The government has sanctioned and approved several aided posts and aid to the extent of 75% of the salary fixed for the said posts are paid by them after the yearly audit, as per the Government Order in No.152, dated 04.06.1986.
5. The petitioner Training Centre had appointed A.Stephen Arulraj in approved and aided post of Welder Instructor on 01.11.1998. The appointments were brought to the knowledge of the respondents for approval of salary, service and pensionary benefits as applicable to the sanctioned and approved posts. However, the Joint Director of Employment and Training, the first respondent herein, vide his proceedings in RC.B.No.IT2/28470/1999, dated 07.07.1999, approved the said appointments. However, it was intimated that the salary, service and pensionary benefits will be granted only after obtaining an order of declaration from the Government that the Institution is a minority institution. Even though several representations were made, no steps were taken by the respondents to pay the salary or to grant the other benefits. It is further submitted by the petitioner that once the said institution has been declared as a religious minority Institution by a Court of law, the respondents cannot seek for further declaration of the status of the institution by the Government.
6. The learned counsel for the petitioner has relied on a decision of the Di
