Minority institution giving preference to the religious minority candidate in their institutions.

The main writ petition has been filed by the petitioner college through its Honourary Secretary for the following relief: To issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records from the 1st respondent in G.O.Ms.No.561, Education, dated 16. 1992, conveyed to the petitioner in the proceedings of the 2nd respondent in Rc.No.25393/ Ha.8/92 dated 16. 1992 and quash the same.

2.. The writ petition was admitted by this Court on 26. 1992 and notice was ordered to the respondents on the same date in W.M.P.No.11880 of 1992. The prayer in W.M.P.No.l1880 of 1992 is as follows: To stay the operation of the impugned G.O.Ms.No.561, Education, dated 16. 1992 in so far as it relates to B.Com. and B.A. (Corporate) courses for Jain students in the petitioner college pending disposal of the writ petition.

3. The petitioner college is registered under the Societies Registration Act. It was founded in the year 1952 and primarily meant for the benefit of the young men of the Jain Community, but is open to the young men of the Jain Community, but is open to the young men of all communities. In W.P.No.l149 of 1975, this Court has held that Sri S.S.Jain Educational Society, which is conducting the petitioner college, is a minority institution within the meaning of Art.30(l) of the Constitution of India. By G.O.Ms.No.549, dated 4. 1988, Education Department of the Government of Tamil Nadu, the petitioner college has been declared as a minority institution on the basis of the order of this Court in W.P.No.l149 of 1975, and that the privileges provided in the Tamil Nadu College (Regulation) Act, 1967, and the rules framed thereunder are allowed to the petitioner college.

4. It is also an admitted fact that the Jain community in Madras, Tamil Nadu, is a religious and linguistic minority and is a educationally backward community. Basically, it is a community engaged in trading, business and industry. From the beginning of the college, education in commerce and business related subjects were taught to the Jain students with a view to encourage them to undergo college education at least in commerce and business related subjects, since the Jain Community in Madras is basically engaged in trading, commerce and industry. The petitioner college was one of the very few colleges from the beginning which had the B.Com. Course. The object was to encourage Jain students, who were otherwise reluctant to undergo college education due to the general educational backward character of the community, to undergo B.Com. course which will be useful for their business career.

.5. In the year 1992, admission, 124 Jain students have already been admitted to B.Com., (Evening College) as against the capacity of 150 seats. Similarly, the Day College also for the year 1992, more number of Jain students have applied than the seats available and the Principal was instructed to issue provisional admission cards to 103 Jain students. It is also stated that the non-Jain students arc not totally denied admission in B.Com. and B.A. (Corporate) courses and they do get admitted on merit in B.Com. and B.A. (Corporate) courses. But, Jain students are given preference to meet the specific and peculiar need of the Jain community students.

.6. While so, the petitioner received from the office of the 2nd respondent Proceedings Rc.No.25393/ Ha.8/92, dated 16. 1992 enclosing therewith a copy of G.O.Ms.No.561, Education, dated 16. 1992 for necessary action. G.O.Ms.No.561, Education, dated 16. 1992, referred to the judgment of the Supreme Court dated 12. 1991 in St.Stephen’s College v. The University of Delhi, (1991) 2 Scale 1217: (1992)1 S.C.C. 558. It is pertinent to extract or reproduce the relevant portion in that judgment.

.“The Minority Aided Educational institutes are entitled to prefer their community candidates to maintain the minority character of the institution, subject, of course, to conformity with the University standard. T