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IN THE HIGH COURT OF JUDICATURE AT MADRAS.
P. K. Misra and K. Mohan Ram, JJ.
G. Sahadevan Nair, Kanyakumari District
Versus
Government of Tamil Nadu, rep. by its Secretary, Education Department, Chennai and Others
W.A. No. 1329 of 1999, W.A. No. 1330 of 1999, W.A. No. 417 of 2000, W.P. No. 5319 of 1996, W.P. No. 8904 of 1997, W.P. No. 8905 of 1997, W.P. No. 26916 of 2005, W.P. No. 26917 of 2005, W.P. No. 12364 of 1984, W.P. No. 395 of 1995, W.P. No. 567 of 1995, W.P. No. 4227 of 1995, W.P. No. 4270 of 1995, W.P. No. 8502 of 1995, W.P. No. 11323 of 1995, W.P. No. 11957 of 1995, W.P. No. 1994 of 1986, W.P. No. 2005 of 1986, W.P. No. 2008 of 1986, W.P. No. 2502 of 1986, W.P. No. 2504 of 1986, W.P. No. 2713 of 1986, W.P. No. 2901 of 1986, W.P. No. 3018 of 1986, W.P. No. 3183 of 1986, W.P. No. 3184 of 1986, W.P. No. 3185 of 1986, W.P. No. 3587 of 1986, W.P. No. 3593 of 1986, W.P. No. 3708 of 1986, W.P. No. 3709 of 1986, W.P. No. 3827 of 1986, W.P. No. 3849 of 1986, W.P. No. 3872 of 1986, W.P. No. 3873 of 1986, W.P. No. 3874 of 1986, W.P. No. 3875 of 1986, W.P. No. 4000 of 1986, W.P. No. 4001 of 1986, W.P. No. 4002 of 1986, W.P. No. 6647 of 1986, W.P. No. 6733 of 1986, W.P. No. 6734 of 1986, W.P. No. 7405 of 1986, W.P. No. 8703 of 1986, W.P. No. 8721 of 1986, W.P. No. 8810 of 1986 to W.P. No. 8811 of 1986W.P. No. 8812 of 1986W.P. No. 8813 of 1986, W.P. No. 9901 of 1986, W.P. No. 10625 of 1986, W.P. No. 10629 of 1986, W.P. No. 10692 of 1986, W.P. No. 10828 of 1986, W.P. No. 10984 of 1986, W.P. No. 11273 of 1986, W.P. No. 12109 of 1986, W.P. No. 12528 of 1986, W.P. No. 12551 of 1986, W.P. No. 12562 of 1986, W.P. No. 12605 of 1986, W.P. No. 13132 of 1986, W.P. No. 13184 of 1986, W.P. No. 13966 of 1986, W.P. No. 13995 of 1986, W.P. No. 562 of 1987, W.P. No. 890 of 1987, W.P. No. 1271 of 1987, W.P. No. 1274 of 1987, W.P. No. 1362 of 1987, W.P. No. 1893 of 1987, W.P. No. 2088 of 1987, W.P. No. 2095 of 1987, W.P. No. 2742 of 1987, W.P. No. 2876 of 1987, W.P. No. 2877 of 1987, W.P. No. 3338 of 1987, W.P. No. 3655 of 1987, W.P. No. 3742 of 1987, W.P. No. 3760 of 1987, W.P. No. 5155 of 1987, W.P. No. 5840 of 1987, W.P. No. 6414 of 1987, W.P. No. 6454 of 1987, W.P. No. 6455 of 1987, W.P. No. 6609 of 1987, W.P. No. 6988 of 1987, W.P. No. 6393 of 1987, W.P. No. 7098 of 1987, W.P. No. 7112 of 1987, W.P. No. 7458 of 1987, W.P. No. 7553 of 1987, W.P. No. 7555 of 1987, W.P. No. 7556 of 1987, W.P. No. 8030 of 1987, W.P. No. 8518 of 1987, W.P. No. 8648 of 1987, W.P. No. 8741 of 1987, W.P. No. 9326 of 1987, W.P. No. 10991 of 1987, W.P. No. 10994 of 1987, W.P. No. 12284 of 1987, W.P. No. 12501 of 1987, W.P. No. 472 of 1988, W.P. No. 1188 of 1988, W.P. No. 1307 of 1988, W.P. No. 2821 of 1988, W.P. No. 3296 of 1988, W.P. No. 3448 of 1988, W.P. No. 3449 of 1988, W.P. No. 3648 of 1988, W.P. No. 3649 of 1988, W.P. No. 3661 of 1988, W.P. No. 3798 of 1988, W.P. No. 9201 of 1989, W.P. No. 12290 of 1989, W.P. No. 1628 of 1985, W.P. No. 8148 of 1985, W.P. No. 8854 of 1985, W.P. No. 503 of 1986, W.P. No. 2503 of 1986, W.P. No. 2506 of 1986, W.P. No. 2712 of 1986, W.P. No. 8946 of 1987, W.P. No. 11509 of 1987, W.P. No. 5004 of 1988, W.P. No. 5360 of 1988, W.P. No. 6443 of 1988, W.P. No. 7098 of 1988, W.P. No. 8799 of 1988, W.P. No. 9374 of 1988, W.P. No. 9711 of 1988, W.P. No. 10265 of 1988, W.P. No. 10544 of 1988, W.P. No. 13217 of 1988, W.P. No. 13299 of 1988, W.P. No. 13386 of 1988, W.P. No. 14160 of 1988, W.P. No. 14524 of 1988, W.P. No. 15417 of 1988, W.P. No. 415 of 1989, W.P. No. 436 of 1989, W.P. No. 948 of 1989, W.P. No. 5216 of 1989, W.P. No. 10977 of 1989, W.P. No. 11914 of 1989, W.P. No. 12317 of 1989, W.P. No. 13009 of 1989, W.P. No. 13016 of 1989, W.P. No. 14654 of 1989, W.P. No. 1765 of 1990, W.P. No. 2044 of 1990, W.P. No. 2438 of 1990 to W.P. No. 2439 of 1990W.P. No. 2440 of 1990, W.P. No. 11290 of 2007, W.P. No. 570 of 1983, W.P. No. 4584 of 1983 to W.P. No. 4585 of 1983W.P. No. 4586 of 1983W.P. No. 4587 of 1983W.P. No. 4588 of 1983W.P. No. 4589 of 1983W.P. No. 4590 of 1983W.P. No. 4591 of 1983, W.P. No. 4905 of 1983 to W.P. No. 4906 of 1983W.P. No. 4907 of 1983W.P. No. 4908 of 1983W.P. No. 4909 of 1983W.P. No. 4910 of 1983W.P. No. 4911 of 1983W.P. No. 4912 of 1983, W.P. No. 4914 of 1983 to W.P. No. 4915 of 1983W.P. No. 4916 of 1983W.P. No. 4917 of 1983W.P. No. 4918 of 1983W.P. No. 4919 of 1983W.P. No. 4920 of 1983W.P. No. 4921 of 1983, W.P. No. 5047 of 1983, W.P. No. 5134 of 1983, W.P. No. 5649 of 1983, W.P. No. 5877 of 1983 to W.P. No. 5878 of 1983W.P. No. 5879 of 1983W.P. No. 5880 of 1983W.P. No. 5881 of 1983W.P. No. 5882 of 1983W.P. No. 5883 of 1983W.P. No. 5884 of 1983, W.P. No. 6214 of 1983 to W.P. No. 6215 of 1983W.P. No. 6216 of 1983W.P. No. 6217 of 1983W.P. No. 6218 of 1983W.P. No. 6219 of 1983W.P. No. 6220 of 1983W.P. No. 6221 of 1983 and C.M.P. No. 12469 of 1999, C.M.P. No. 12472 of 1999, C.M.P. No. 3839 of 2000, W.M.P. No. 8400 of 1996, W.M.P. No. 29338 of 2005 and W.M.P. No. 29340 of 2005
Decided on: 24th March, 2008.
Grant-in-Aid - Minority Institutions - Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 - Sections 14, 14-A - The court considered the applications of various institutions for grant-in-aid and directed the State of Tamil Nadu to consider the applications within a specified time frame, without being influenced by the lack of prior permission or any waiver of the right to claim aid. The court emphasized that the lack of financial resources cannot be a valid ground to deny grant-in-aid to minority institutions, and that the State is duty-bound to ensure proper education in schools and colleges. The court also held that even an individual has the right to establish a minority institution, and it is not necessary for it to be done only by a society.
Fact of the Case:
The case involved multiple writ petitions and appeals filed by various educational institutions and individuals, including minority institutions, seeking grant-in-aid under the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973. The petitions and appeals were based on the denial of grant-in-aid by the State authorities, citing reasons such as lack of prior permission, lack of budgetary provision, and voluntary waiver of the right to claim aid.
Finding of the Court:
The court directed the State authorities to consider the applications for grant-in-aid within a specified time frame, without being influenced by the lack of prior permission or any waiver of the right to claim aid. The court emphasized that the lack of financial resources cannot be a valid ground to deny grant-in-aid to minority institutions, and that the State is duty-bound to ensure proper education in schools and colleges. The court also held that even an individual has the right to establish a minority institution, and it is not necessary for it to be done only by a society.
Issues: The main issues in the case included the denial of grant-in-aid to educational institutions, particularly minority institutions, based on reasons such as lack of prior permission, lack of budgetary provision, and voluntary waiver of the right to claim aid. The court also addressed the question of whether an individual has the right to establish a minority institution.
Ratio Decidendi: The court held that the lack of financial resources cannot be a valid ground to deny grant-in-aid to minority institutions, and that the State is duty-bound to ensure proper education in schools and colleges. The court also emphasized that even an individual has the right to establish a minority institution, and it is not necessary for it to be done only by a society.
Final Decision: The court allowed the writ petitions and appeals, directing the State authorities to consider the applications for grant-in-aid within a specified time frame, without being influenced by the lack of prior permission or any waiver of the right to claim aid. The court also held that even an individual has the right to establish a minority institution, and it is not necessary for it to be done only by a society.
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. W.P. No. 5196 of 1996 is filed by two B.T. Assistants, Junior Assistant and an Office Assistant of St. Joseph's 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 insofar 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. 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. Mary's Higher Seconday School, Kalyal, Kanyakumari District with effect from 20.6.1983.
4. 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. 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 petitioner's 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 1.6.19
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