2011 (1) CTC 162, 2011 (2) MLJ 641
High Court of Judicatre at Madras
D. MURUGESAN & VINOD K. SHARMA
The Forum of Minority Institutions and Associations
Versus
The State of Tamil Nadu, Rep. by the Joint Director of Collegiate Education & Others
W.P.Nos.34434 & 34435 of 2007, 14749 & 14750 of 2007, 12911 to 12914 of 2007, 23140 of 2007, 5921 of 2008, 25268 of 2008, 498 of 2009, 30089 of 2008, 16504 & 16505 of 2010 & 17334 of 2010
Decided on : 05-01-2011
VINOD K.SHARMA, J.
1. This judgment shall dispose of the following writ petitions, viz., Sl. No. Case No. Name of the Petitioner 1 W.P.No.34434 of 2007 The Forum of Minority Institution & Association 2 W.P.No.34435 of 2007 The Forum of Minority Institutions and Association 3 W.P.No.14749 of 2007 Dhanraj Baid College 4 W.P.No.14750 of 2007 Dhanraj Baid College 5 W.P.No.12911 of 2007 The Muslim Educational Association of Southern India 6 W.P.No.12912 of 2007 The Muslim Educational Association of Southern India 7 W.P.No.12913 of 2007 The Muslim Educational Association of Southern India 8 W.P.No.12914 of 2007 The Muslim Educational Association of Southern India 9 W.P.No.23140 of 2007 The Secretary/Correspondent, Loyola College 10 W.P.No.25268 of 2008 A.M.Jain College 11 W.P.No.5921 of 2008 Association of Muslim Colleges of Tamil Nadu 12 W.P.No.30089 of 2008 The Secretary of Stella Maris College 13 W.P.No.498 of 2009 D.B.Jain College 14 W.P.No.17334 of 2010 The Association of St.Christopher's College of Education 15 W.P.No.16504 of 2010 S.Baskaran 16 W.P.No.16505 of 2010 V.Jayanthi As common question of law is raised in all these writ petitions. However, for the sake of brevity, the facts are being taken from W.P.No.34434 of 2007.
2. The Forum of Minority Institutions and Associations / petitioner has invoked writ jurisdiction of this Court with prayer for issuance of Writ of Declaration declaring Clause 3 of the Annexure to the UGC Regulations 2000 regarding minimum qualification for appointment and career advancement of teachers in universities and colleges to be violative of the fundamental rights quaranteed under Article 30(1) of the Constitution of India, therefore inapplicable to the members of the petitioner society.
3. The facts pleaded in the affidavit by the petitioner is that it is a society registered under the Tamil Nadu Societies Registration Act, 1975. That members of the petitioner society consist of religious as well as linguistic minority institutions. According to Rule 3 of the Rules, membership is open to managements of all colleges and schools established and maintained by religious and or linguistic minorities and associations controlling or connected with such institutions. The Rule further provides that other societies and associations working for advancement of education of religious and linguistic minorities are also eligible to be members of the petitioner society. The object of the petitioner society reads as follows:
"a) To provide a forum for the various religious and linguistic minority institutions and associations to meet periodically to discuss common problems and solve them.
b) To co-ordinate the efforts of the various institutions and associations to achieve their common aim of eradication of illiteracy and advancement of education at all levels and promotion of the cultural activities.
c) To make representation to all educational authorities both at the Central and State level and also to the University Grants Commission and such other Authorities or Boards which are connected with education. It shall also co-ordinate its efforts with other institutions interested in education in respect of all its problems, arising from time to time and to act as a liason body between the Member Institutions and the aforesaid mentioned authorities.
d) To protect the rights of the religious and linguistic minorities guaranteed under Article 29 and 30 of the Constitution of India and to take such steps as are necessary in Courts and before the Government, University etc. to protect these rights.
e) To periodically review the progress of education of the linguistic and religious minorities in the field of technical and professional education at all levels and to take necessary steps for speedy advancement.
f) To publish magazine or any periodical or publication to project the views of the Forum and its members and to highlight problems facing education in general and the members of the Forum in particular.
g) T
Sindhi Education Society & another v Chief Secretary
Kerala Educational Bill case, AIR p.978, para 22, AIR 1974 SC 1389
Sindharajbhai v State of Gujarat AIR 1963 SC 540
St.Xaviers College v State of Gujarat AIR 1974 SC 1389: (1974) 1 SCC 717
Hepsy Bell Mohan v State of Tamil Nadu & others (2000) 3 MLJ 397
A. Belavendran v The Joint Director of School Education
Eka Ratchagar Sabai Higher Secondary School & another v K.Sumathi & another
St. Stephens College v University of Delhi (1992) 1 SCC 558
State of Rajasthan v M/s.R.S.Sharma and Co. (1988) 4 SCC 353.
Board of Secondary Education and Teachers Training v Jt.Director of Public Instructions
State of Kerala v Mother Provincial AIR 1970 SC 2079: (1970) 2 SCC 417
Jawahar College Staff Association etc. v University of Madras & others 1994 WLR 84: (1994) 1 MLJ 376
Kesavananda Bharati v State of Kerala (1973) 4 SCC 225 Khanna, J SCR p.234 (SCC p. 781
Brahmo Samaj Education Society v State of West Bengal (2004) 6 SCC 224 T.M.A.Pai (SCC at p.551
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