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1970 Supreme(Mad) 282

K.VEERASWAMI, GOKULAKRISHNAN
Director of School Education Government of Tamil Nadu – Appellant
Versus
Rev. Brother G. Arogiasamy S. H. J. Correspondent of Christhuraja Basic Training School, Palayamkottai and representing the Society of the Brothers of the Sacred Heart of Jesus, Palayamcottai – Respondent


Advocates:
Govt. Pleader, for Appellants; M.K. Nambiar for K.K. Venugopal, Anand Das Gupta, Sagar and V. Eapen Verghese, for Respondent.

Judgement

VEERASWAMI, C. J. :- This appeal is from an order of Alagiriswami J. by which he allowed the respondent's petition to quash G. O. Ms. 767 (Education) dated 10-6-1969. The learned Judge held that the impugned order was violative of Art. 30(1) of the Constitution. We are of the view that the learned Judge was right.

2. The respondent is the Correspondent of Christhuraja Basic Training School, Palayamcottai, and represents the Society of the Brothers of the Sacred Heart of Jesus, Palayamcottai. The Christhuraja Basic Training School is one of several schools run by the Society. The Society consists of members professing the Roman Catholic faith among whose objects, as it is said, is promotion of education by establishing and administering schools and colleges. The Society says that members professing that faith and belonging to the Society are a minority community within the meaning of Article 30 (1) of the Constitution of India. That this is so is not in dispute. It is also not in controversy that the Society has established several educational institutions including the Christhuraja Basic Training school at Palayamcottai and it has been functioning over 20 years. It has been






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