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2008 Supreme(Mad) 1016

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P.K. MISRA & THE HONOURABLE MR. JUSTICE K. MOHAN RAM
The Government of Tamil Nadu, rep. by its Secretary, Education Department, Fort St. George, Chennai & Others
Versus
The Government of Tamil Nadu, rep. by its Commissioner and Secretary, Education Department, Fort St. George, Chennai & Others
W.A.Nos.1329, 1330 of 1999, 417 of 2000, W.P.Nos. 5319 of 1996, 8904, 8905 of 1997, 26916, 26917 of 2005, 12364 of 1984
Decided On : 24-03-2008

Advocates Appeared:
For the Petitioners:Vijay Narayan, Senior Counsel, Auxilia Peter, Issac Mohan Lal assisted by Godson Swaminathan, M. Joseph Thatheus Jerome, K. Ravichandra Babu, T.S. Sivaganam, K.N. Chinna Krishnan, G. Thilakavathi, A. Amalraj, Advocates.
For the Respondents:N. Kannadasan, Additional Advocate General, assisted by V. Viswanathan, AGP.

Headnote:

Grant-in-Aid - Minority Institutions - Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 - Sections 14, 14-A - The judgment discusses the entitlement of minority institutions to claim grant-in-aid, the impact of prior permission on the right to receive aid, and the obligation of the State to provide aid for educational institutions. The court emphasizes that lack of financial resources cannot be a valid ground to deny grant-in-aid to minority institutions and highlights the protection against discrimination under Article 30(2) of the Constitution. The judgment also addresses the right of individuals to establish minority institutions, overturning the requirement for a registered society.

Fact of the Case:

The case involves multiple writ petitions and appeals filed by minority educational institutions and individuals against the denial of grant-in-aid by the State of Tamil Nadu. The petitions seek the sanction of various posts and the release of grant-in-aid in accordance with relevant statutory provisions and government orders.

Finding of the Court:

The court found that lack of financial resources cannot justify the denial of grant-in-aid to minority institutions. It emphasized the obligation of the State to ensure proper education and rejected the argument that prior permission is necessary for establishing minority institutions. The court also overturned the requirement for a registered society to establish a minority institution.

Issues: The issues addressed include the entitlement of minority institutions to claim grant-in-aid, the impact of prior permission on the right to receive aid, and the obligation of the State to provide aid for educational institutions.

Ratio Decidendi: The judgment establishes that lack of financial resources cannot be a valid ground to deny grant-in-aid to minority institutions. It emphasizes the protection against discrimination under Article 30(2) of the Constitution and overturns the requirement for a registered society to establish a minority institution.

Final Decision: The court allowed the writ petitions and appeals, directing the State of Tamil Nadu and other authorities to consider the applications for grant-in-aid within a specified period and overturning the denial of grant-in-aid based on prior permission and individual establishment of minority institutions.

Judgment :-

P.K. Misra, J.

W.A.No.1329 of 1999 is filed against the order of the learned single Judge dated 9.4.1999 in W.P.No.18570 of 1997. The appellant filed the aforesaid writ petition for quashing G.O.Ms.No.340 dated 1.4.1992 and G.O.Ms.No.410 dated 6.1.1992 and for a direction to the Government of Tamil Nadu and other officials to sanction one Malayalam Pandit and one Additional B.T. Assistant post for the school established by the appellant, who is the Manager and Correspondent of Aided Primary School, Kallupalam.

2. The learned single Judge rejected such writ petition by observing that G.O.Ms.No.340 dated 1.4.1992 has been subsequently superceded by G.O.Ms.No.525 dated 29.12.1997. The learned single Judge has further relied upon his earlier decision dated 23.2.1999 in W.P.No.6781 of 1993, etc. batch and held that the educational institutions have no fundamental right to receive aid. On the aforesaid basis, the learned single Judge had observed that the petitioner has no right to insist that a post of Malayalam Pandit and one additional B.T. post should be granted from 1.6.1983.

3. W.A.No.1330 of 1999 has been filed by the very same appellant against the order dated 9.4.1999 passed by the learned single Judge rejecting the claim of the very same writ petitioner in W.P.No.14894 of 1997 regarding G.O.Ms.No.340 dated 1.4.1992 and regarding sanction of six additional Secondary Grade posts with effect from 1.6.1981 to the primary school established by the petitioner.

4. W.A.No.417 of 2000 is filed by the very same appellant against the order dated 9.4.1999 passed by the learned single Judge in W.P.No.13683 of 1996, which was filed inter alia for directing the respondents to sanction one post of record clerk and one post of watchman with effect from 1.6.1983 in respect of Aided Higher Secondary School established by such petitioner.

4.1 W.P.No.5196 of 1996 is filed by two B.T. Assistants, Junior Assistant and an Office Assistant of St. Josephs High School, Piklankaklai in Kanyakumari District, with a prayer to quash the G.O.Ms.No.340 dated 1.4.1992 and the consequential G.O.Ms.No.618 dated 10.7.1992 in so far as restricting the sanction of posts to one Head Master, B.T. Assistant, Junior Assistant, Office Assistant with effect from 1.6.1991 and direct the State Government and the authorities concerned to sanction the respective posts from 2.6.1982 so as to enable them to get salary, increments and other benefits instead of 1.6.1991.

4.2 W.P.Nos.8904 & 8905 of 1997 have been filed by the Tamil Pandit and B.T. Assistant respectively for quashing the G.O.Ms.No.340 dated 1.4.1992 and the consequential G.O.Ms.No.451 dated 8.5.1992 and for sanctioning of Tamil Pandit and B.T. Assistant post to St. Marys Higher Secondary School, Kalyal, Kanyakumari District with effect from 20.6.1983.

4.3. W.P. No.26916 & 26916 of 2005 have been filed by the Sweeper/Sanitary Worker and Watchman of Eka Ratchaka Sabai Higher Secondary School, Tuticorin for quashing G.O.Ms.No.340 dated 1.4.1992 so far as non-sanction of Sweeper/Sanitary worker and Watchman posts to such school and the consequential order for recovery of salary passed by the District Educational Officer, Tuticorin and also the demand made by the school.

4.4. W.P. No.11290 of 2007 is filed by the Tamil Nadu Catholic Educational Association, which is a registered Society consisting of all educational agencies established and administered by Catholic Church, with a prayer to release grant-in-aid to the member schools of such petitioners Association in accordance with G.O.Ms.No.250 dated 29.6.1994, G.O.Ms.No.581 dated 22.4.1964, G.O.Ms.No.583 dated 23.4.1966 read with Rules 13, 17, 18 and 71 of the Tamil Nadu Education Rules, the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and the Rules 1974 and the Tamil Nadu Minority Schools (Recognition and Payment of Grant) Rules, 1977 till the period upto 31.5.1998 and thereafter from 1.6.1998 in accordance with G.O.Ms.No.525 da


























































































































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