The fundamental right of a minority institution under Article 30(1) of the Constitution of India cannot be taken away by the Government without a fundamental change of circumstances or suppression of facts.

1. This writ appeal has been filed against the order made in W.P.(MD)No.12109 of 2012 wherein the learned single Judge has upheld the order of the Government restricting the period of granting minority status to five years.

2. The case of the appellant before the learned single Judge was that Jeyaraj Annapackiam College for Women (Autonomous) was founded, established and administered by the Congregation of Sisters of St.Anne, Tiruchirappalli which is a Society registered under the Societies Registration Act, 1860. For effective administration of the college, a new Society was formed by name Jayaraj Annapackiam College for Women-College Committee, Periyakulam which was also registered under the Societies Registration Act, 1860, bearing Registration No.20 of 1969. The college was established in the year 1971, which is a minority educational institution in terms of Article 30 of the Constitution of India. The college was initially affiliated to the Madurai Kamaraj University and from the year 2002, it was affiliated to Mother Teresa Women’s University and was conferred with autonomous status by the University Grants Commission in the year 2004. According to the appellant, the appellant/society was also declared as a religious minority society by a Division Bench of this Court in W.P.No.636 of 1975, vide order dated 21.09.1976. According to the appellant, even though minority status was given by this Court, subsequently the Government ordered to apply for minority status and an application was submitted pursuant to the said direction, and the Government issued G.O.Ms.No.57, Higher Education (E1) Department, dated 06.03.2009 granting minority status for a minimum period of five years from 2007 to 2012. The said restriction of five years was challenged on the ground that the chief object of the Society was not changed from the date of its formation and till date there is no necessity to restrict the period to five years, compelling the Management to apply for renewal of minority status every time.

3. Learned single Judge dismissed the writ petition stating that the question regarding laying of guidelines for grant of minority status is pending before the Hon’ble Supreme Court and therefore, the State Government passed the impugned order in compliance with the directions of this Court directing the respondents to pass order on the representation of the petitioner in the earlier writ petition filed, which was also complied with by the Government. It is also stated in the order by the learned single Judge that the facts of this case may be peculiar and may not be a reason to confer minority status permanently.

4. The issue as to whether the appellant/Society which was already declared by this Court as minority Society/Institution, which was granted minority declaration by the Government for a minimum period, has to be directed to approach the Government for continuing the minority status was considered by this Court by one of us (N. Paul Vasantha Kumar, J.), in W.P.No.24606 of 2012 reported in Secretary, Loyala College v. The State of Tamil Nadu, 2012 (2) CWC 728. In the said judgment, a Division Bench judgment of this Court reported in Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamingal, Medical, Educational and Charitable Trust, Salem v. State of Tamil Nadu, (2001) 3 MLJ 433 was followed. Paragraph-5 of the said judgment reported in Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamingal, Medical, Educational and Charitable Trust, Salem v. State of Tamil Nadu (supra) runs thus:

“... the Government while considering the Application made by the Appellant, duly took into account the fact that, (i) all the Trustees belong to Ariya Vaisya Telugu speaking Chettiar only from the year 1981 till date; (ii) the Trust has not included any new member in the Trust so far; (iii) the Trust has also stated that the Management is a registered Charitable Trust and the Board of Management belong to Ariya Vaisya Telugu speaking Ch