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2009 Supreme(Mad) 3191
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE N. PAUL VASANTHAKUMAR
Asan Memorial Association, Cochin House
Versus
The State of Tamil Nadu, rep. by the Secretary to the Government & Another
Writ Petition No.13632 of 2001
Decided on: 18-08-2009
For the Petitioner:Habibullah Basha, Senior Counsel, K. Ilias Ali, Advocate.
For the Respondents: R.Balakrishnan, Addl. Government Pleader.
Ratio:
Once an educational agency is factually declared as minority institution, it would continue to be so and insistence on its renewal every year amounts to unreasonable restriction on this right and violative of Art.30 of the Constitution of India.
Headnote:(A) Constitution of India-Art.30-Fundamental rights-Minorities-Minority status-Declaration-Renewal-Restriction-Petitioner runs educational institution and was recognised as minority institution by Government for one year-Government insisted for its renewal every year-Petitioner challenged it and argued that once petitioner is factually recognised as minority, insistence on renewal every year amounts to unnecessary restriction on its fundamental rights-Held, Condition limiting the validity of declaration of minority status to one year and asking for its renewal every year amounts to unnecessary restriction on the fundamental right as guaranteed under Art.30-Government was prohibited from asking for renewal of minority status every year and given liberty to take steps in case of change in educational agency or violation of provisions in memorandum of association-Writ petition allowed.
(B) Constitution of India-Art.30-Fundamental rights-Minorities-Minority status-Declaration-Renewal-Restriction- Condition limiting the validity of declaration of minority status to one year and asking for its renewal every year amounts to unnecessary restriction on the fundamental right as guaranteed under Art.30.
Article 30(1) is a fundamental right guaranteed under the Constitution and it is a right which confers certain privileges to minority institutions. The Government is bound to recognise the said right and imposing condition to get minority status every year is an unreasonable restriction and the same cannot be permitted. If the procedure now followed by the Government is permitted, i.e, no order is passed by the Government even after the beginning of the academic year, the fundamental right guaranteed to minority institutions would be a promise of unreality. Para 15
The prayer in this writ petition is to issue a writ of prohibition, prohibiting the respondents from insisting that the petitioner seek declaration of its minority character every year for the Asan Memorial Institute of Hotel Management and Catering Technology.
2. The case of the petitioner association is that it is a Society registered under the Societies Registration Act, and it was formed in the year 1965 with the main object to promote the interest in Malayalam literature among other linguistic groups and especially to propagate the yeoman service rendered by late Mahakavi Kumaran Asan to Malayalam literature, to start educational and cultural institutions in Chennai City and other places in India to promote and subserve the interests of Malayalees, etc. As per Clause 9(a) of the Memorandum of the rules and regulations of the association, the membership is restricted to Malayalees and as such the Society is a linguistic minority, coming within Article 30(1) of the Constitution of India. The petitioner association has established and is administering the following institutions:
(a) Asan Memorial Matriculation Higher Secondary School (State Board)
(b) Asan Memorial Senior Secondary School (CBSC)
(c) The Asan Memorial Institute of Hotel Management and Catering Technology
(d) The Asan Memorial College of Arts and Science
(e) The Asan Memorial Institute of Management.
The Society established and is administering Asan Memorial Hotel Management and Catering Technology in the year 1986 and the same is approved by the AICTE and Directorate of Technical Education.
3. In the year 1995, the Government of Tamil Nadu issued G.O.Ms.No.371 Education, Science and Technology, dated 5. 1995 and ordered that the Government will verify and determine whether an Educational Institution is a minority institution within the meaning of Article 30(1) of the Constitution of India. The petitioner applied on 6. 1995 to the Government for getting its minority status (linguistic minority) declared. The Government did not pass any order and therefore the petitioner again applied on 18. 1996 to the Government and prayed for declaration of its minority status. During pendency of the said application, the Government superceded G.O.Ms.No.371 dated 5. 1995 by issuing G.O.Ms.No.270 Higher Education Department, dated 16. 1998 by giving certain guidelines for determining the minority status.
4. The petitioner Society received a letter dated 14. 1999 from the Additional Director of Technical Education, directing all managements desiring to apply for declaration of minority status to apply on or before 30.4.1999. The petitioner applied on 24. 1999 to the Director of Technical Education as per the format mentioned in the above said Government Order. The first respondent failed to pass any order and again the petitioner applied on 11. 2000 to the first respondent through the second respondent. The second respondent by letter dated 12. 2000 sought for certain documents for verification viz, Trust Deed, Supplementary Trust Deed, Memorandum of Association, Community Certificate of its members, etc. Petitioner submitted the same on 22. 2000. Even thereafter no order having been passed, the petitioner filed W.P.No.7943 of 2000 praying to issue a writ of mandamus directing the first respondent to pass orders on the application of the petitioner Society seeking minority status for the year 2000-2001. This Court by order dated 22. 2000 directed to pass orders on or before 16. 2000. On 16. 2000 the first respondent granted minority status to the Asan Memorial Institute of Hotel Management and Catering Technology. However, the said order is limited for the year 2000-2001 and therefore the petitioner submitted representation for the grant of minority status for the year 2001-2002 and no order was passed. Thereafter, W.P.No.12536 of 2001 was filed for issuing a writ of mandamus directing the respondents to pass orders. The said writ petition was admitted on 17. 2001 a
