Institution held as minority institution.

1. In both these Writ Petitions, petitioners seek the issuance of writ of mandamus forbearing the respondents from insisting on the petitioner- School to create an endowment of Rs. 25, 000/- as a pre-condition for the grant of recognition to its Higher Secondary School classes, and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

2. Both these petitioners claim the status of minority institution and they wanted to start Higher Secondary Courses for which the School has got necessary infrastructural facility. The Management sent statements in the prescribed form as required under the Tamil Nadu Recognised Private Schools (Regulation) Act and Rules to the Directorate of School Education for the grant of recognition for Higher Secondary Courses. It was also indicated that the petitioner-School, being a minority institution, is not required to create the Endowment of Rs.25, 000 as stipulated under Rule 9 (2) (c) of the Tamil Nadu Recognised Private Schools (Regulation) Rules. The District Educational Officer returned the statement by proceedings dated 7. 1998 directing the Management to produce records to show that the Endowment had been created and to obtain No Objection Certificate from Schools within 8 Kms., if any, and to submit particulars regarding the Joint Account in respect of Higher Secondary Course. It is said that the insistence for the creation of an Endowment of Rs. 25, 000 has been held to be invalid in various decisions, insofar as Minority Institutions are concerned and, therefore, they cannot demand the same. In W.P.No. 14588 of 1998, a Statement was submitted to the respondents on 18. 1998 informing them that being a minority institution, it is not required to create an Endowment. The same was refused to be accepted, which necessitated the filing of the writ petition.

.3. A common counter affidavit has been filed for both the writ petitions. Regarding the creation of Endowment for Rs.25, 000, it is said that the Management is bound to create the endowment of Rs.25, 000 since it has not satisfied the Authorities about the status of the Institution as to whether it is a minority. It is also said that direction was also given to the petitioners asking them to deposit a sum of Rs.l xh lakhs in the joint names of Headmaster and District Educational Officer. Such a direction was given in the permission order taking into consideration the interests of the Teachers appointed to the posts and also to ensure that salary will be paid in accordance with Government instructions. The Government is entitled to impose such conditions taking into consideration the best interest of the teachers. It is also said that the Director of School Education is entitled to give instructions from time to time and it is the duty of the educational agency to carry out these instructions. It is not a refusal to accord recognition to the petitioner School. It is only for the purpose of maintaining the academic standards and also to safeguard the interest of teachers and the pupils including the linguistic minorities, such imposition is made, and it has no extraneous consideration as alleged in the writ petitions. Respondents prayed for dismissal of the writ Petitions.

.4. In regard to the deposit of Rs.25, 000 I do not think that the contention of respondents/ could be accepted, if it could be found that these Institutions are minority institutions. In the counter-affidavit, it is only said that the petitioners have not substantiated that they are minority institutions. Both the petitioner Institutions belong to Roman Catholic Diocese of Kottar, Nagercoil. Regarding the institutions under it, it has been conceded even by the Government in The Diocese of Kottar v. The State of Tamil Nadu, W.P.No.497 of 1975 Order dated 29. 1976. wherein the Diocese of Kottar, Nagercoil filed that writ petition for issuance of writ of mandamus directing the respondents therein and their sub