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2012 Supreme(Mad) 3170
High Court of Judicature at Madras
C.T. SELVAM
Hindu Middle School, Rep. by Manager & Secretary D. Abraham Rajkumar s/o the late Devaram Chelliah, Mavadi
Versus
The State of Tamilnadu rep. by the Secretary to Govt. Education Department fort St.George, Chennai & Others
W.P. NO. 5519 OF 2005 & W.P. M.P. 615 OF 2009
Decided on : 23-07-2012
For the Petitioner:T.M. Hariharan, Advocate.
For the Respondents:R. Rajeswaran Spl. Govt. Pleader assisted by N. Sakthivel Govt. Advocate.
Ratio
Mere change of management of a minority educational institution to another member of the same minority community would not be ground to deny the status of minority to an institution.
Headnote:(A)Constitution of India-Art.30-Fundamental right-Minority-Educational institution-Transfer-Denial-The petitioner’s institution was established by a Christian and was accorded minority status-Later, when the management was transferred to the petitioner, respondent cancelled the minority status on the ground of transfer which was challenged by the petitioner-While the petitioner contended that once an educational institution was declared as a minority institution, its mere transfer would not change its status especially when the new management also belonged to the same community, respondents resisted it-Held, mere change of management to another member of the same minority community would not be ground to deny the status of minority to an institution-Writ petition was allowed, impugned order was set aside and the respondents were directed conside the claim of the petitioner afresh.
(B)Constitution of India-Art.30-Fundamental right-Minority-Educational institution-Transfer-Denial-Mere change of management of a minority educational institution to another member of the same minority community would not be ground to deny the status of minority to an institution.
Once we find that refusal of minority status to the petitioner is not upon a finding that the institution fails to satisfy the above requirements but merely on account of the management having been transferred, also in the light of the decisions referred to above, we think it appropriate to set aside the order under challenge and accordingly do so. The respondents shall now consider the claim of the petitioner for recognition of minority status. Para 9
1. This writ petition is filed seeking a direction to the respondents to call for the records of the second respondent in his proceedings in O.M.No.7810/A2/04 dated 05.08.2005 and the consequential order of the third respondent dated 08.09.2004 in O.M.No.1182/A1/04 and quash the same and to direct the respondents to continue to recognise the minority status accorded to the petitioner institution.
2. Petitioner institution is represented by its Manager and Secretary. The petitioner school was established with standards 1 to 5 in the year 1941 by one Subbiah Draviyaraj, a Christian. It is informed that recognition with aid was granted to 6th and 7th standards by the proceedings of the District Educational Officer, Tirunelveli South dated 12.05.1967 and later recognition was granted to 8th standard on 05.06.1967. After the lifetime of the founder the management was taken over by his son S.Durairaj. The minority status of the school has been recognised by the decree of the Civil court in O.S.No.4198/1977 dated 23.11.1983. The Management of the school was transferred in favour of the petitioner and by proceedings dated 04.09.2003, the second respondent viz District Elementary Educational Officer has confirmed the same on condition that minority status would be claimed. A civil suit in O.S.No.92/2003 filed by the Head Master and the daughter of the erstwhile Manager challenging the transfer of management is pending before the D.M.C., Nanguneri.
3. Petitioner addressed the third respondent pointing out that the School is a minority school, and it had been recognised as such, the School had been managed by members of the minority community, and hence prayed for minority status to be continued. On 02.12.2003, the second respondent addressed the petitioner referring to the provisions of G.O.Perm. 375 Education dated 12.10.1988 and sought explanation as to whether the conditions therein stood fulfilled. The petitioner addressed the third respondent on 11.12.2003 and informed that all the conditions of the Government Order were satisfied. It further was stated that the School had been a minority School for over 70 years, was established and managed by the members of the minority community and over 60% of the students of the School were from minority community and 85% of the teaching staff and other staff belonged to the minority community, being Christians and that all requisite conditions were fulfilled as far as the petitioner School is concerned. Petitioner again addressed the second and third respondents on 07.06.2004. Consequently, the petitioner was served with the proceedings of the third respondent dated 08.09.2004 in O.M.1182/A1/04 which informed that the recognition as a minority institution stands cancelled on transfer of management relying on the proceedings of the second respondent dated 05.08.2004 in O.M.7810/A2/04.
4. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.
5. Learned counsel for the petitioner submitted that the impugned proceedings of the respondents are totally arbitrary. The school which has been granted recognition is being denied recognition of minority status merely on the ground that transfer of management had taken place.
6. Learned counsel contended that the founder of the school had initiated proceedings in O.S.No.4189/1977 and therein obtained a decree of declaration that the school was a minority institution. On the demise of the founder, his son, who had been incharge of the management, effected transfer of management of the school to the petitioner. Petitioner has produced before the respondents relevant papers to inform that he as a Christian, is a member of the minority community and further under a detailed representation dated 07.06.2004, explained that the school has been functioning as a Minority School for nearly 70 years and that persons in charge of the school including himself were Christians. In response to clarifica
