The central legal point established in the judgment is that the grant of minority status to educational institutions under Article 30(1) of the Constitution of India cannot be for a limited period and cannot be taken away without a fundamental change of circumstances or suppression of facts, and without providing a fair hearing in conformity with the principles of natural justice.

1. The issue as raised in the writ petition is squarely covered by the earlier decision passed by the learned Single Judge of this Court as well as the Division Bench of this Court cited infra. The facts of the case, which are enough for adjudication of the present dispute in a nutshell, are as follows.

2. The petitioner School is admittedly a recognized Christian Minority Institution and the civil Court to that effect has granted declaration in O.S. No. 4189 of 1977, dated 23.11.1983. The competent civil Court has granted the judgment and decree recognizing the minority status of the petitioner School and also passed a decree restraining the educational authorities from implementing certain provisions of Tamil Nadu Recognized Private School Regulations, 1974 and Tamil Nadu Recognised Private School Rules, 1973.

3. In these circumstances, the petitioner has approached the Government seeking recognization of the minority status and in response to the representation, the Government has passed G.O.Ms. No. 231, School Education Department, dated 08.11.2017 granting minority status for a limited period of 5 years from 2017-2018 to 2021-2022. The said Government Order is put to challenge by the petitioner School stating that the grant of minority status for the limited period is contrary to the law laid down by this Court in a number of decisions and also there is a violation of constitutional right under Article 30 of the Constitution of India.

4. The learned Counsel appearing for the petitioner would draw the attention of this Court to a decision in Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamigal Medical Educational and Charitable Trust, Salem Vs. State of Tamil Nadu and Another, (2001) 3 MLJ 433. The learned Division Bench of this Court, while dealing with the identical issue has held that the minority status cannot be conferred on the appellant therein for a particular period to be renewed periodically like a driving licence. According to the learned Division Bench of this Court, it is not open for the State Government to review its earlier order conferring minority status on the appellant unless it be shown by the appellant had suppressed any material fact or there is fundamental change of circumstances warranting cancellation of the earlier order. The learned Division Bench further held in the said judgment as follows:

"In conclusion, we hold that if any entity is once declared as minority entitling to the rights envisaged under Article 30(1) of the Constitution of India, unless there is fundamental change of circumstances or suppression of facts, the Government has no power to take away that cherished constitutional right which is a fundamental right and that too, by an ordinary letter without being preceded by a fair hearing in conformity with the principles of natural justice."

5. Following the above Division Bench order, another decision was referred by yet another Division Bench in Secretary, Jeyaraj Annapackiam College for Women (Autonomous), Managed by the Congregation of the Sisters of St. Anne, Tiruchirappalli Vs. State of Tamil Nadu Rep. by its Secretary and Others, (2013) 8 MLJ 509 holding that the grant of minority status for a limited period cannot be countenanced in law.

6. The learned Judge of this Court also held in a decision in the Secretary, Loyala College (Autonomous), Chennai Vs. State of Tamil Nadu Rep. by its Secretary and Others, (2012) 2 CWC 728, the learned Judge after following the Division Bench order, has held as follows:

"8. The issue as to whether the Minority status given to the Institutions are bound to be renewed periodically, was considered by a Division Bench of this in a decision in Thirumuruga Kirupanana Variyar Thvathiru Sundara Swamigal Medical Educational and Charitable Trust, Salem Vs. State of Tamil Nadu, (2001) 3 MLJ 433 wherein the Division Bench held that the minority status once granted need not be renewed periodically like a driving licence and once the Government, a