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2014 Supreme(Mad) 59

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.K. Agrawal and M. Sathyanarayanan, JJ.
Federation of the Catholic Faithful, rep. by its General Secretary, New No. 53, Old No. 21, Godown Street, Chennai-600 001
Versus
Government of Tamil Nadu, rep. by its Secretary, Higher Education Dept., Chennai-600 009 and Others
Secretary/Correspondent, Loyola College (Autonomous), Nungambakkam Chennai-600 034
Versus
State of Tamil Nadu, rep. by its secretary, Department of Higher Education, Chennai-600 009 and Others
W.P. Nos. 14734 of 2012, 15498 of 2013 and 16791 of 2012 and Connected M.Ps. W.P. Nos. 14734 of 2012 and 15498 of 2013 W.P. No. 16791 of 2012
Decided On : 7 January 2014

Advocates Appeared:
P.T. Perumal, Isaac Mohanlal, for Petitioners S.T.S. Moorthy, Govt. Pleader assisted by D. Krishnakumar Special Govt. Pleader (Education), Ms. G. Thilakavathi, N.G.R. Prasad for Ms. Praveen Banu, for Respondents

Headnote:

Reservation - Minority Educational Institution - Article 30(1), Constitution of India - Tamil Nadu Act 12 of 2006 - G.O.(ID). No. 127, Higher Education (G1) Department dated 23.05.2012 - Loyola College

Fact of the Case:

Challenges made to the act of Loyola College in not following G.O.(ID). No. 127, Higher Education (G1) Department dated 23.05.2012 which prescribes guidelines for admission of students to Under Graduate/Post Graduate courses in Government/Aided/Unaided Arts and Science Colleges for the academic year 2012-13. The petitioner claims that the college did not follow the Rule of Reservation as prescribed under the said Government Order.

Finding of the Court:

The court found that the impugned Government Order cannot override the Constitution of India and the Tamil Nadu Act 12 of 2006. It held that the Loyola College's admission process, including the reservation policy, was in compliance with the law and the T.M.A. Pai Foundation case. The court allowed the petition filed by Loyola College and dismissed the petitions filed by the Federation of the Catholic Faithful.

Issues: Challenges to the act of Loyola College in not following the prescribed guidelines for admission and the Rule of Reservation as per G.O.(ID). No. 127, Higher Education (G1) Department dated 23.05.2012.

Ratio Decidendi: The impugned Government Order cannot override the Constitution of India and the Tamil Nadu Act 12 of 2006. Loyola College's admission process, including the reservation policy, was found to be in compliance with the law and the T.M.A. Pai Foundation case.

Final Decision: W.P. No. 16791/2012 filed by Loyola College is allowed and G.O.(1D). No. 127, Higher Education (G1) Department dated 23.05.2012, insofar as the Loyola College (Autonomous), Chennai-34 is quashed. W.P. Nos. 14734/2012 and 15498/2013 filed by the Federation of the Catholic Faithful are dismissed.

COMMON ORDER

1. In W.P. Nos. 14734/2012 and 15498 of 2013, challenge is made to the act of the respondents 4 and 5, namely, the Governing Body of Loyola College and the Management of Loyola College in not following G.O.(ID). No. 127, Higher Education (G1) Department dated 23.05.2012 which prescribes guidelines for admission of students to Under Graduate/Post Graduate courses in Government/Aided/Unaided Arts and Science Colleges for the academic year 2012-13. The grievances expressed by the petitioner in W.P. Nos. 14734/2012 and 15498/2013 is that the Rule of Reservation as prescribed under Clause No. 14 of the said Government Order has not been followed by the respondents 4 and 5.

2. W.P. Nos. 14734/2012 and 15498/2013 are filed as Public Interest Litigations. The petitioner in the said writ petitions claims that the writ petitioner, as a minority charitable organization, functioning with an object to promote the high Catholic principles amongst the public in general and among the Catholic committees in particular and it is intended to carryout the objects which aim to promote education and extend a beneficial and charitable relief to the members of the Catholic communities and some of the members are former students of the fifth respondent college. The petitioner contended that G.O.(ID). No. 127, High Education (G1) Department dated 23.05.2012 stipulates among other things that the fifth respondent college can fill up only 50% of the seats by following the Rule of Reservation both under the aided as well as the self-financed course of studies and that the College is running 13 Aided Undergraduate courses and it did not choose to follow Clause No. 14 of the above said Government order and such act, on their part, is a total and deliberate omission. It is further contended by the petitioner in the above said writ petitions that the fifth respondent while releasing the select list of candidates, failed to indicate the category under which, each candidate has been accommodated, their ranks/marks in the order of merit and number of students going through the select list and expressed their grievance and started approaching the petitioner counsel with queries and having found that the grievance expressed by the students were justifiable, the petitioner made a detailed representation dated 29.05.2013 to the Chairman, Governing Body of Loyola College, Dindigul and the Principal-cum-Chairman, Admission Committee, Loyola College, Chennai-600 034, pointing out the above said lapses on their part and requested them to follow the provisions of the relevant act, guidelines for admission as stipulated in the above said Government Order for the ensuing academic year 2013-14 and for all the subsequent years and since they failed to come out with any kind of response, have filed the above said writ petitions.

3. The Secretary/Correspondent, Loyola College (Autonomous), Chennai-600 034 has filed W.P. No. 16791/2012 praying for issuance of a Writ of Certiorari to quash the above said Government Order in G.O.(ID). No. 127, issued by the Department of Higher Education (G1), Government of India dated 23.05.2012. In the affidavit filed in support of the said writ petition, it is stated that the Loyola College, Chennai, is one among the several recognized educational institutions established and administered by the Congregation of the Society of Jesus and their members are popularly known as Jesuits. The said Society is a word wide organization of religious men, numbering about 19,673 and spread all over the world, of which nearly 4000 are working in the 18 Provinces of India. Insofar as Tamil Nadu alone, there are 480 Jesuits working in various schools and colleges and following are the premier institutions of higher education administered by the Jesuits in India:

1. Loyola-ICAM College of Engineering Technology (LICET), Chennai

2. Loyola Institute of Business Administration (LIBA), Chennai

3. Loyola College of Education, Chennai

4. Loyola College, Thiruva


























































































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