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2012 Supreme(Mad) 1410

N.KIRUBAKARAN
Association of University Teachers Tamilnadu, Represented by its Secretary, P. Shanmuga Sundaram – Appellant
Versus
Government of Tamil Nadu rep. by its Secretary to the Government, Higher Education Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:N.R. Chandran, Senior Counsel for R. Kannan, Advocate.
For the Respondents:R1 & R4 - R. Ravichandran, AGP, R2 -R. Muthukumarasamy, Senior Counsel for K. Selvaraj, R5 - R. Subramanian, Advocate.

Judgment :-

1. Petitioner-Teachers Association challenges the government order granting minority status to the second respondent institution.

2. The case of the petitioner is that, the second respondent college was started by a public charitable trust in the year 1974. During 1975-76 classes commenced. During 2009, the college was found to be not functioning properly and the petitioner's Association sent a memorandum to the second respondent management giving the details to that effect. There were complaints by students about the compulsory donation collected from them. On 14.2.2008, the Regional Joint Director of Collegiate Education inspected the college. Criminal proceedings were also registered under Section 385 of I.P.C. against some of the persons in the management. Again on 10.4.2008, the Director of Collegiate Education inspected the college. On 12.5.2008, he submitted a report to the government recommending action against the management and also recommended stoppage of admission for the year 2008-2009. Sensing problem, the management amended the trust-deed amending the object of the trust, incorporating clause(2)(b)(i) and 2(b)(ii) in the Trust-deed to serve the minority c




























































































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