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2014 Supreme(Mad) 2107
Madurai Bench of Madras High Court
K.K. SASIDHARAN, J.
Annai College of Engineering & Technology
Versus
The State of Tamil Nadu, Rep. by its Secretary & Others
W.P. (MD) No.10065 of 2014 & M.P. (MD) No. 1 of 2014
Decided on: 23-07-2014
Advocate Appeared:
For the Petitioner: M. Ajmalkhan, Senior Counsel, For M/s. Ajmal Associates.
For the Respondents:M. Murugan, Government Advocate.
The State is the appropriate authority to declare minority status for educational institutions, and the determination of minority status should be made treating the State as a Unit.
Headnote:
Minority Institution - Writ of Mandamus - Article 30(1) of the Constitution of India - National Commission for Minority Educational Institutions Act, 2004 - Section 2(g) - G.O.Ms.No.308, Higher Education (E1) Department, dated 25.08.2005 - T.M.A. Pai Foundation v. State of Karnataka [2002(8) SCC 481]
Fact of the Case:
The petitioner, an Engineering College, sought a Writ of Mandamus to be treated as a Minority Institution under Article 30(1) of the Constitution of India, based on a declaration by the National Commission for Minority Educational Institutions. The State of Tamil Nadu refused to recognize the institution as a Minority Institution, leading to the petition.
Finding of the Court:
The court found that the State is the appropriate authority to declare minority status for educational institutions, and the declaration by the National Commission was not binding on the State. The court observed that the application for minority status was pending before the Government and dismissed the Writ Petition with the instruction to dispose of the application on merits and as per law.
Issues: The main issue was whether the State was bound to treat the petitioner as a Minority Institution based on the declaration by the National Commission for Minority Educational Institutions.
Ratio Decidendi: The court held that the State is the appropriate authority to declare minority status for educational institutions, and the declaration by the National Commission was not binding on the State. It also emphasized that the determination of minority status should be made treating the State as a Unit, as established in the T.M.A. Pai Foundation v. State of Karnataka case.
Final Decision: The Writ Petition was dismissed with the instruction to dispose of the application for minority status on merits and as per law.
1. This Writ Petition, at the instance of an Engineering College, seeks a Writ of Mandamus, directing the State of Tamil Nadu and Anna University to treat the institution as a Minority Institution entitled to the protection under Article 30(1) of the Constitution of India, on the strength of the declaration dated 13.08.2010, issued by the National Commission for Minority Educational Institutions, New Delhi.
BACKGROUND FACTS:
2. According to the petitioner, Annai College of Engineering and Technology was established by K.K.O. Mohamed Ibrahim Educational and Charitable Trust. The Trust was founded and managed by the members of a Minority Community with a solemn object of providing collegiate education to the members of Muslim Community. The College submitted an application before the National Commission for Minority Educational Institutions for appropriate declaration under Section 2(g) of the National Commission for Minority Educational Institutions Act, 2004. The National Commission was pleased to issue a declaration vide order dated 13.08.2010, declaring that Annai College of Engineering and Technology is a Minority Educational Institution covered under Article 30(1) of the Constitution of India. However, the State of Tamil Nadu refused to recognize the institution as a Minority Institution within the ambit of Article 30(1) of the Constitution of India. The petitioner submitted an application before the second respondent on 12.06.2014, requesting to recognize the institution as a Minority Institution and include it under the minority category for the purpose of Engineering College Admission for the year 2014-2015. Since the State of Tamil Nadu failed to direct the Anna University to include the name of the institution for counselling treating it as a Minority Institution, the petitioner is before this Court.
3. The Commissioner of Technical Education filed a counter-affidavit on behalf of the Government. According to the second respondent, the State is the appropriate authority to issue declaration regarding minority status. The petitioner has already submitted an application for granting them minority status and the same is pending. In short, the second respondent maintained that the application submitted by the petitioner for conferring minority status is now pending consideration by the Government.
SUMMARY OF SUBMISSIONS:
4. The learned Senior Counsel for the petitioner, by placing reliance on the provisions of the National Commission for Minority Educational Institutions Act, 2004 and the declaration issued by the National Commission for Minority Educational Institutions dated 13.08.2010, submitted that the Commission has already declared the petitioner as a Minority Institution. There is no need for another declaration by the State Government, inasmuch as the declaration given by the National Commission is binding on the State of Tamil Nadu. The learned Senior Counsel, by placing reliance on an earlier order passed by the Government in G.O.Ms.No.308, Higher Education (E1) Department, dated 25.08.2005, submitted that the Government have already given minority status to Annai College of Arts and Science, which is also an institution run by K.K.O. Mohamed Ibrahim Educational Trust, Thanjavur and as such, there will be no difficulty to include the name of the petitioner as a Minority Institution for the purpose of new admission.
5. The learned Government Advocate submitted that the State is the authority to declare minority status.
6. The only question that arises for consideration is as to whether the State is bound to treat the petitioner as a Minority Institution on the strength of the declaration given by the National Commission for Minority Educational Institutions.
7. The petitioner is an Engineering College located at Kovilacheri in the district of Thanjavur. The Institution was established by a Charitable Trust floated by the members of Muslim Community. The Charitable Trust earlier made an application before
