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1992 Supreme(Mad) 197

PRATAP SINGH
Sekhara Pillai – Appellant
Versus
The Government of Tamil Nadu represented by the Secretary to Government, Education Department – Respondent


Advocates Appeared:
For the Appellant:G.S. Thambi, Advocate.
For the Respondents:B. Mani, Government Advocate.

Judgment :-

1. The plaintiff in O.S. 463 of 1978 on the file of Principal District Munsif, Kuzhithurai, has filed this second appeal against the Judgment in A.S. 178 of 1979 on the file of Additional Subordinate Judge, Kuzhithurai, in which the learned Subordinate Judge has confirmed the judgment in O.S. No. 463 of 1978.

2. Short facts leading to this appeal are:

The plaintiff has filed the suit for declaration that the plaintiffs high school is a minority institution entitled to protection under Articles 29 and 30 of the Constitution of India and consequential injunction restraining the defendants from enforcing certain Sections and Rules in Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and Rules framed thereunder on the following grounds:

The plaintiff is the owner and Manager of Educational Institution called High School Arumana which was started by the plaintiffs father in 1941. It was upgraded as a High School in 1948. It was started with the object of promoting Malayalam Language which is the language of the Nair Community which constitute a linguistic minority in Kanyakumari District. After the merger of Kanyakumari District with the state of Tamil Nadu, more di


















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