Founder of the school being Muslim not sufficient for holding school a minority institution.

The above appeals, though arising from out of different suits filed by different plaintiffs, the relief claimed as also the questions of law involved for consideration are similar and identical though under different sets of facts pertaining to each of the plaintiff. As a matter of fact, legal submissions have been made in common by all the counsel appearing, of course, highlighting the individual and distinguishing facts pertaining to them. Hence, they are dealt with together.

2. S.A. No.900 of 1983: (a) The plaintiff in O.S.No.598 of 1979 on the file of the Court of District Munsif, Srivaikundam, is the appellant in the above appeal. The suit came to be filed for a declaration that the plaintiff- schools are minority institutions and for a consequential direction. The case of the plaintiff before the trial court was that the schools in question were originally established five decades ago by one Abdul Hye Alim as “Kahira Aramba Padasalai” who was a Muslim and thereafter, it is claimed that the management was handed over to one L.K. Lebbai Thambi, who was said to have changed the name of the School as “L.K. Padasalai”. The said S.K. Labbai Thambi is also said to be a Muslim. In 1962, L.K.S. Jewellers Educational Trust, Kayalpattinam was established and the management of the School was upgraded as High School and converted into two separate institutions, namely, (1) Elkay High School; and (2) L.K.Primary School. The further claim of the plaintiff was from 1962 onwards, the plaintiff-schools were under the administration of the said L.K.S. Jewellers Educational Trust, which consisted of only Muslims and the Schools were in effect, in fact and in law administered only by persons belonging to Muslim Community with the object of imparting education to the Muslim Students of the locality. It was claimed that the persons who established the schools and now conduct them are Muslims and it is in law a religious minority. The trust in question being one consisting of only Muslims, the constitutional protection on the ground of religious minority is claimed and it is also contended that the authorities of the State Government are taking steps to enforce all the provisions of the Tamil Nadu Private Schools (Regulation) Act 29 of 1974 which actually exempts minority educational institutions in many respects and the plaintiff is driven to the necessity of filing the suit for declaration as noticed supra in view of the action of the departmental authorities to implement all the provisions of the said Act to the plaintiff- school which according to the plaintiff, constitutes violation of the fundamental rights guaranteed to the minority institutions.

(b) The defendant- State filed a written statement contending that the claim of the plaintiff- schools is neither maintainable in law nor on facts, that the plaintiff- schools are known by the public in the locality as belonging to L.K. Lebbai Thambi family at Kayalpattinam, that the school- management appears to have been transferred to a private trust created by L.K. Lebbai Thambi himself for the benefit of his family trust and the claim that the object of the school was to impart education to Muslim of the locality was also not correct. The further case of the defendant was that the school was not established administered as minority as contemplated under Art.30 of the Constitution of India, that the plaintiff- schools are not run by any association and the children of all communities are admitted to the schools and that most of the teachers are non-muslims and the plaintiff- schools cannot be declared as minority schools so as to exclude them from the several important provisions of the Act 29 of 1974 and the Rules made thereunder which apply otherwise to all recognised private schools. The case of the defendant- State was that the allegations of the nature by the plaintiff are made for the first time after coming into force of the Tamil Nadu Recognised Private Schools (Regulation