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2017 Supreme(Mad) 4008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
T. Ravindran, J.
Indian Primary School – Appellant
Vs.
State of Tamil Nadu – Respondent
S.A. No. 404 of 2001, A.S. No. 78 of 1996, O.S. No. 9294 of 1993
Decided On : 13-10-2017
For the Appellant :Mr. V. Selvaraj, Advocate
For the Respondents:Mr. T. Jayaramaraj, Government Advocate (C.S)
Headnote:
Educational institutions - Rankings - Challenged - Seeking for minority status – Decreed - It is found that in respect of the claim of minority status of various institutions in country - It is found that W(C) No. has been pending in Apex Court and in said list - It is found that Apex Court, by order dated in I.A. No. 20, has passed a general order staying the operation of all decrees/orders which may have been given by any Civil Court in respect of minority status or otherwise of any of the institutions, which have been arrayed as the respondents in I.A and accordingly, ordered that all respondents/institutions shall be treated as non-minority institutions, till they comply with the directions given by Court - In their orders second read above Supreme Court of India have stayed the operation of all decrees/orders which may have been given by any Civil Court in respect of Minority status to the Institutions concerned and directed that institutions claiming minority status shall approach the Government for declaration that they are minority institutions and till such time Government issues an order declaring that it is a minority institutions they cannot separate as Minority institutions – Held, It is found that as per the order of the Apex Court above referred to decree that might have been passed earlier in respect of grant of minority status to the institutions, would have no effect and accordingly it is found that institution run by plaintiff should also only approach Government for seeking minority status and in such view of matter - Plaintiff had been granted decree by trial Court much earlier to above said Government Order passed by Government above said Government Order would not be applicable to plaintiffs institution - However, when it is found that as per Apex Court directions concerned Government Order has come to be issued and when as per directions of Apex Court decree of the Civil Court granting the minority status would not operate as such, as per law - It is found that plaintiffs institution cannot be allowed to take advantage of decree passed in its favour by trial Court by contending that relevant Government Order has come to be passed subsequently - It is seen that plaintiff has to only approach the concerned Government as per Government Order, for seeking necessary status- In such view of matter it is found that First Appellate Court has rightly reversed Judgment and decree of trial Court based on G.O. Ms. No., Education dated and same is sustainable in law - Accordingly substantial question of law formulated in second appeal is answered against plaintiff and in favour of defendants - Second Appeal is dismissed
T. Ravindran, J.
Challenge in this Second Appeal is made to the Judgment and decree dated 22.11.1996 passed in A.S.78 of 1996, on the file of the Seventh Additional Judge, City Civil Court, Chennai reversing the judgment and decree dated 20.06.1994 passed in O.S. No. 9294 of 1993, on the file of the Second Assistant Judge City Civil Court, Chennai.
2. The parties are referred to as per their rankings in the Trial Court.
3. Suit for declaration.
4. Seeking for minority status of the plaintiff's institution, the suit had been levied by the plaintiff for appropriate relief’s.
5. The claim of the minority status by the plaintiff was totally resisted by the defendants contended that the plaintiff's institution is not entitled to the grant of minority status.
6. In support of the plaintiff's case, PW1 has been examined and Exs.A1 to A21 were marked. On the side of the defendants, no oral and documentary evidence has been adduced.
7. The trial Court, on the basis of the materials placed in the matter, was pleased to decree the suit as prayed for by the plaintiff. Aggrieved over the same, the defendants preferred the first appeal and the First Appellate Court, on the basis of the materials, set-aside the judgment and decree of the Trial Court and thereby, allowed the first appeal preferred by the defendants and resultantly, dismissed the suit laid by the plaintiff. Impugning the same, the second appeal has been preferred.
8. At the time of the admission of the second appeal, the following substantial question of law was formulated for consideration.
Whether the Judgment and decree of Appellate Court reversing the judgment and decree of the trial Court on the basis of G.O. Ms. No. 371 Education, dated 10-05-1995 is sustainable in law?
9. Seeking the minority status for the plaintiff's institution, the suit has been laid by the plaintiff for the relief of declaration.
10. As determined by the First Appellate Court, it is found that in respect of the claim of minority status of the various institutions in the country, it is found that W(C) No. 317/93 has been pending in the Apex Court and in the said lis, it is found that the Apex Court, by order dated 17.10.1994 in I.A. No. 20, has passed a general order staying the operation of all the decrees/orders, which may have been given by any Civil Court in respect of the minority status or otherwise of any of the institutions, which have been arrayed as the respondents in the I.A and accordingly, ordered that all the respondents/institutions shall be treated as non-minority institutions, till they comply with the directions given by the Court, i.e., the Educational institutions claiming the minority status should approach the State Government and till the State Government issues an order declaring the institutions to be a minority institutions, it cannot operate as such and it is found that as determined by the First Appellate Court and also in tune with the above direction, the Government of Tamil Nadu has passed G.O. Ms. No. 371, dated 10.05.1995, wherein it has been directed as follows:
"In their orders second read above the Supreme Court of India have stayed the operation of all the decrees/orders which may have been given by any Civil Court in respect of the Minority status to the Institutions concerned and directed that institutions claiming minority status shall approach the Government for declaration that they are minority institutions and till such time the Government issues an order declaring that it is a minority institutions they cannot separate as Minority institutions".
11. The issuance of the above said Government order, following the Apex Court decision above referred to, is not in dispute. It is thus found that the declaration of the minority status of the institution can be made only by the State Government concerned. It is found that as per the order of the Apex Court above referred to, the decree, that might have been passed earlier in respect of the grant of minority status t
