Person establishing minority educational institution for personal gain can not claim right to administer minority institution as of right.

JUDGMENT: This second appeal has arisen from the Judgment of the learned Principal Judge, City Civil Court, Madras in A.S.No.20 of 1992 wherein the Judgment of the trial Court, refusing to grant the relief of declaration to the plaintiff was reversed.

2. The following facts are noticed in the pleadings of the parties.

The plaintiff school was established and is being administered by its Correspondent A.Sathidas who is a Latin Catholic Christian; that the Correspondent of the plaintiff School got married under the Latin Catholic rites on 9.7.1985 and he was a member of St.Antony’s Church of Thundathuvilai, thus, the Correspondent of the plaintiff School belonged to Christian religious minority community entitled to establish and administer the educational Institutions of his choice and the same has been guaranteed under Art.30(1) of the Constitution of India; that the plaintiff School is having sufficient infrastructure in terms of Tamil Nadu Minority Schools (Recognition and Payment of Grant) Rules 1977; that the competent authorities have given necessary certificates regarding the fulfilment of the conditions; that the plaintiff School is having sufficient strength in each Sections and majority of the students belonged to Christian religious minority community; that there are 8 teachers at present working in the School and majority of them are also belonged to the Christian religion; that the Correspondent of the plaintiff School applied for recognition on 4.9.1989 and the same was rejected by the second defendant by raising certain defects on 12.10.1989 and after complying with the defects pointed out, the recognition application was submitted on 13.7.1990 and the same was rejected by the second defendant on 30.1.1991 on the ground that the Correspondent has not produced any declaration from the Civil Court to show that he belonged to minority community; that the said order was challenged in W.P.No.3859 of 1991 and this Court had passed an order dated 5.4.1991 holding that since the Correspondent minority status is disputed, he has to file a suit for declaration for claiming the minority status and further directed the competent authority to pass fresh order since the original order was passed in violation of rules; that the Correspondent of the plaintiff School belonged to Latin Catholic community has been declared in O.S.No.655 of 1983 on the file of the Principal District Munsif Court, Padmanabhapuram; that the said suit was filed by Wesley School Committee, Ilandaivilai, for declaration as minority School and the suit was decreed and in the said School Managing Committee, the Correspondent of the plaintiff School was a Vice President; that the defendant required a separate declaration of the Correspondent of the plaintiff’s School as Christian religious minority through a Court of law and hence, the suit has been filed.

3. The suit was vehemently resisted by the defendant stating that the suit is lacking material particulars; that the pleadings are insufficient and there is no whisper about the persons who had established the said school though it was stated that the School is being administered by the Correspondent; that the plaintiff had not submitted the returns pertaining to the School as mandated by the provisions of Tamilnadu Recognised Private Schools (Regulations) Act; that under such circumstances, the plaintiff cannot be entitled to claim minority status; that the suit is not maintainable for non-joinder of necessary parties; that the suit is not maintainable as the provision under Sec.79, C.P.C. has not been complied with and hence, has got to be dismissed.

4. The trial Court framed necessary issues, tried the suit and dismissed the same. Aggrieved plaintiff took it on appeal wherein the judgment of the trial Court was reversed and decree was granted in favour of the plaintiff. Hence, the defendant in the suit has brought forth this second appeal.

5. At the time of admission, the following substantial questions of

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