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2006 Supreme(Mad) 1393
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.4517 of 2006 and WPMP.Nos.4850 & 4851 of 2006
Decided On : 19 June 2006
Once minority status is declared by a court order, no further declaration by the Government is necessary for granting benefits to the institution.
Headnote:
Minority Institution - Employment Training Centre - Article 30(1) of the Constitution of India - Writ Petition under Article 226 - Rc.B.No.IT2/54585/98 - The judgment discusses the legal framework of minority status declared by the Court and its implications on granting benefits to the petitioner's Training Centre.
Fact of the Case:
The petitioner, an Employment Training Centre, sought benefits for appointed staff in sanctioned posts, based on the institution's minority status declared by the Court. The respondents insisted on a further declaration of minority status by the Government.
Finding of the Court:
The Court found that once minority status is declared by a court order, authorities cannot insist on a further declaration by the Government for granting benefits. The order insisting on a Government declaration of minority status was set aside, and the respondents were directed to consider the petitioner's request for benefits without such insistence.
Issues: The main issue was whether the petitioner's Training Centre, declared as a minority institution by a court order, should be required to obtain a further declaration of minority status from the Government for granting benefits.
Ratio Decidendi: The Court's decision was based on the principle that once minority status is declared by a court order, no further declaration by the Government is necessary for granting benefits to the institution.
Final Decision: The order insisting on a Government declaration of minority status was set aside, and the respondents were directed to consider the petitioner's request for benefits without such insistence.
(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.IT2/54585/98, dated 09.11.1988, 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 appointment of P.SAVERIMUTHU and S.Flora Mary in sanctioned and approved posts of Store Keeper CUM OFFICE ASSISTANT in the petitioner's St. Xavier's Industrial Training Centre, Thanjavur, Thanjavur District, is concerned from 01.03.1993 and 01.06.1993 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 P.Savarimuthu and S. Flora Mary as Store Keeper cum Office Assistants in the approved and aided posts on 01.03.1993 and 01.06.1993 respectively. 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.IT2/54585/1998, dated 09.11.1998, 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 fur
