Once a minority declaration is made by a competent Civil Court, it holds good unless duly cancelled by the government, and the demand for periodical renewal of minority status is unnecessary.

Prayer in this Writ Petition is to quash the order of the second respondent dated 1. 2008 insofar as the petitioner Diocese and the colleges run by it are concerned and consequently direct the respondents to approve the Lecturers appointed in the sanctioned post in respect of three colleges viz., 1) Scott Christian College, Nagercoil, 2) Nesamony Memorial Christian College, Marthandam, and 3) Womens Christian College, Nagercoil.

2. This writ petition was admitted on 24. 2008. The learned counsel for the petitioner on 7. 2008 mentioned before me that the issue involved in this writ petition is covered by the Division Bench Judgment of this Court made in W.P.No.524 of 1975 dated 29. 1976 and the decisions of this Court reported in 1999 (1) CTC 121 (The Correspondent St.Ignatius Higher Secondary School, Kanyakumari District v. Director of School Education, Chennai & others); 2001 (4) CTC 641 (DB) (The Secretary, D.G.Vaishnav College, Chennai and another v. Dr.T.Venkataraman & Others) and unreported judgments of mine passed in W.P(MD)No.1971 of 2007 dated 20.11.2007 and W.P.No.27840 of 2005 dated 22. 2008. Hence the case was posted for orders on 7. 2008.

3. The learned Government Advocate took time to verify and report as to whether the matter is covered by the said judgments or not. Today, the learned Government Advocate submitted that though the issue in this writ petition is covered by the above referred judgments, she has sought for time to file counter affidavit. According to me, for disposal of this case, no counter affidavit is necessary as the point of law alone is involved in this case.

4. The case of the petitioner is that Petitioner Diocese, which is a Minority Educational Agency, has established and is administering three colleges viz., (1) Scott Christian College, Nagercoil, (2) Nesamony Memorial Christian College, Marthandam, and (3) Womens Christian College, Nagercoil, apart from Teacher Training Schools, B.Ed Colleges, CSI College of Technology (Engineering College), Para-medical Institutions, 14 Higher Secondary Schools, 3 High Schools and several primary schools in the revenue district of Kanyakumari and part of Tirunelveli. All the institutions are treated as minority institutions by the Government of Tamil Nadu.

5. When the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, was enacted and the provisions of the said Act and Rules were challenged in a batch of writ petitions, a Division Bench of this Court in W.P.No.4478 of 1974 and 294 of 1975 etc., batch held that several provisions of the said Act and Rules are not applicable to the minority institutions as the same are in violation of Article 30(1) of the Constitution of India. In the said Division Bench judgment it is further held that wherever minority character of the institutions are admitted by the Government, they should be treated as minority institutions and if there is any dispute with regard to the minority character, the concerned institutions/Agencies should file civil suit to get declaration of minority status. When W.P.No.524 of 1975 filed by the petitioner management came up for hearing along with connected cases, the then Government Pleader agreed that the petitioner Educational Agency viz., the educational institutions established and administered by the petitioner, are admittedly minority institutions. Based on the said submission, the said writ petition was allowed in terms of the earlier Division Bench Order referred above.

6. The State Government challenged the order made in W.P.No.4478 of 1974, etc., by filing Civil Appeal.No.5381 of 1990, etc., and the Supreme Court remanded all the matters for fresh consideration in the light of the decision of the Constitution Bench of the Supreme Court in T.M.A. Pai Foundation and others v. State of Karnataka & Others reported in (2002) 8 SCC 481. While remanding the matter the Supreme Court observed:-

"Status-quo shall continue unless the High Court so decides to modify the