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2019 Supreme(Mad) 2552
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. Sundar, J.
The Correspondent, Christian Matriculation Higher Secondary School, Dindigul - Petitioner
Versus
The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Chennai & Others - Respondent
W.P.(MD)No. 3404 of 2019 & WMP(MD) Nos. 2681, 2682 & 11871 of 2019
Decided On : 10-09-2019
For the Petitioner:T. Cibi Chakravarthy, Advocate.
For the Respondents: S. Srimathy, Special Government Pleader.
The main legal point established in the judgment is that once an institution is declared a minority institution, the government cannot take away that right without a fundamental change of circumstances or suppression of facts, and the minority status need not be renewed periodically.
Headnote:
Minority Educational Institution - Minority Status - Tamil Nadu Recognized Private School Regulations, 1974, Tamil Nadu Recognised Private School Rules, 1973, Article 30(1) of the Constitution of India - Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamigal Medical Educational and Charitable Trust, Salem Vs. State of Tamil Nadu, Secretary, Jeyaraj Annapackiam College for Women(Autonomous), Managed by the Congregation of the Sisters of St. Anne, Tiruchirappalli Vs. State of Tamil Nadu, Secretary, Loyala College (Autonomous), Chennai Vs. The State of Tamil Nadu, C.S.I. Institute of Technology, Thovalai Vs. The Government of Tamil Nadu, Asan Memorial Association Vs. The State of Tamil Nadu - 1974, 1973, Article 30(1) of the Constitution of India - The court discussed the grant of minority status to educational institutions for a limited period and the constitutional rights under Article 30(1) of the Constitution of India. It highlighted the principles that once an institution is declared a minority institution, the government cannot take away that right without a fundamental change of circumstances or suppression of facts, and that the minority status need not be renewed periodically.
Fact of the Case:
The petitioner, a recognized Christian Minority Institution, sought recognition of its minority status for a limited period of 5 years. The government's order granting minority status for a limited period was challenged, citing violation of constitutional rights under Article 30 of the Constitution of India.
Finding of the Court:
The court found that the grant of minority status for a limited period was contrary to the law and violated the constitutional right under Article 30 of the Constitution of India. It set aside the order and directed the government to grant minority status to the petitioner school without restricting it to any particular period.
Issues: The issue revolved around the grant of minority status to educational institutions for a limited period and the violation of constitutional rights under Article 30 of the Constitution of India.
Ratio Decidendi: The court held that once an institution is declared a minority institution, the government cannot take away that right without a fundamental change of circumstances or suppression of facts. It emphasized that the minority status need not be renewed periodically and highlighted the need for a fair hearing in conformity with the principles of natural justice.
Final Decision: The impugned order granting minority status for a limited period of five years was set aside, and the government was directed to grant minority status to the petitioner school without restricting it to any particular period.
JUDGMENT :
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the impugned order issued by the first respondent State Government GO(Ms) No. 148 (School Education(Nee.Va.4(2) Department dated 03.07.2017, quash the same insofar as a Minority Educational Institution to a limited period of five years.
1. Mr.T.Cibi Chakravarthy, learned Counsel on record for the writ petitioner and Ms.S.Srimathy, Special Government Pleader, on behalf of all the four respondents, are before this Court.
2. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.
3. The entire matter is now simplified as it is submitted by both sides without any disputation or disagreement that the instant writ petition is directly and squarely covered by an order dated 01.10.2018 made by a Honourable Single Judge in W.P(MD) No.16006 of 2018.
4. This Court is also informed without any disputation or disagreement that the aforesaid order dated 01.10.2018 made by the Honourable Single Judge was carried in appeal by way of an intra Court appeal to a Honourable Division Bench of this Court vide W.A(MD) No. 670 of 2019 and the said writ appeal was dismissed vide order dated 05.07.2019 albeit with a clarification contained in paragraph No. 6 of the said order.
5. Therefore this writ petition stands covered by the order dated 01.10.2018 made in W.P(MD) No. 16006 of 2018 by the Honourable Single Judge as clarified by the Honourable Division Bench vide order dated 05.07.2019 in W.A(MD) No.670 of 2019, more particularly as clarified in paragraph 6 of the order of the Honourable Division Bench.
6. For the purpose of ease of reference, this Court deems it appropriate to extract the entire order of the Honourable Single Judge and paragraph No.6 of the order of the Honourable Division Bench, which read as follows:
'W.P.(MD)No.16006 of 2018:
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 reported in (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 no
