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1997 Supreme(Mad) 657

A.R.LAKSHMANAN, S.M.SIDICKK
State of T. N. and Others – Appellant
Versus
The Melapalayam Muslim Magalir Kalvi Sangam – Respondent


Appearing Advocates:K. P. H. Thulasiram Special Govt. Pleader (Education), C. Selvaraju, Advocates.

Judgment :-

AR. LAKSHMANAN, J.

The State is the appellant in this appeal. Aggrieved by the order passed by Janardhanam, J., dated 17-3-1994 in W.P. No. 3494 of 1992, this writ Appeal has been filed by the State.

2. Para 7 of the order impugned in this appeal reads thus :-

"7. Various questions now posed for consideration in the present action relatable to sanction of teaching and non-teaching staff, financial aid and recognition relatable to minority institutions came up for consideration before me in the case of Rev. Sr. Margaret May v. Government of Tamil Nadu, (1993 II MLJ 303). Applying the ratio laid down in the aforesaid decision, it goes without saying that this writ petition will have to be allowed and the same is accordingly allowed as prayed for. There shall, however, be no order as to costs, in the circumstances of the case." *

In this case, there is no dispute that the respondent sangam which is a registered society is a minority institution. The said sangam is running a Girls' High School at Tirunelveli and they applied for grant of recognition and approval for standards 6 to 9 to the Joint Director of School Education, Madras, who in turn in his proceedings dated 21-8-90














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