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2021 Supreme(Mad) 1535

IN THE HIGH COURT OF MADRAS
C. Saravanan, J.
The Secretary St. Anne's College of Engineering & Technology – Appellant
Versus
The State of Tamil Nadu and Ors. – Respondents
W.P. No. 34622 of 2018, W.M.P. Nos. 40133 and 40135 of 2018
Decided On : 26-04-2021

Advocates:
Advocate Appeared:
For the Appellant : Godson Swaminathan for Isaach Chambers
For the Respondent: Karthigai Balan, Addl. Govt. Pleader

Headnote:

National Commission for Minority Educational Institutions Act, 2004 – Sections 10, 11(f) and 3 – Education matter - Recognition of Minority Educational Institution - No Objection Certificate - After period expired, petitioner realized that the minority status granted to petitioner was confined only for a period of five years and therefore based on certain decisions of this Court and that of Hon'ble Supreme Court, petitioner has approached this Court now in this writ petition to quash that portion of impugned order insofar as status of petitioner is restricted for a period between as a minority institutions - Challenged - Held, Section 10 does not stipulate that the "No objection Certificate" is to be granted by "competent authority" for a specified period and will be limited for a period and is to be renewed from time to time - Power has been vested with the Commission to cancel minority status under Section 12C of the Act. The above provision necessarily obviates necessity for renewal of "No Objection Certificate"/ Status of as a minority institution at the end of a period even if such a period is specified by mistake - Government of Tamil Nadu restricting the recognition for a period of 5 years was in contravention of the provisions of the said Act and is liable to be quashed as prayed for - Writ petition allowed

ORDER :

C. Saravanan, J.

1. The petitioner has challenged the impugned order in G.O.(D). No. 149, Higher Education (J2) Department, dated 18.06.2012, whereby, the Government of Tamil Nadu/1st respondent herein has restricted the recognition of the petitioner as a Minority Educational Institution only for a period of five years commencing from 2009-2010 to 2013-2014.

2. After the period expired, the petitioner realized that the minority status granted to the petitioner was confined only for a period of five years and therefore based on certain decisions of this Court and that of the Hon'ble Supreme Court, the petitioner has approached this Court now in this writ petition to quash that portion of the impugned order insofar as the status of the petitioner is restricted for a period between 2009-2010 and 2013-2014 as a minority institutions.

3. The impugned order (G.O.(D). No. 149, Higher Education (J2) Department) is assailed by placing heavy reliance on the decision of the Division Bench of this Court in The State of Tamil Nadu Vs. The Secretary/Correspondent, Loyola College, Chennai, wherein, the Division Bench of this Court by its order dated 11.09.2017 had dismissed the appeal filed by the State Government in W.A. No. 1130 of 2013. The said writ appeal was filed against the order of a learned single Judge of this Court in The Secretary, Loyola College, Chennai Vs. State of Tamil Nadu vide order dated 17.09.2012 in W.P. No. 24606 of 2012. The learned single Judge there had placed heavy reliance on the decision of this Court in Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamigal, Medical, Educational and Charitable Trust, Salem Vs. State of Tamil Nadu and another, (2001) 3 M.L.J 433, which was followed by the Division Bench of this Court while dismissing the State Government's appeal in W.A. No. 1130 of 2013 vide order dated 11.09.2017. Relevant portion of the order dated 11.09.2017 of the Division Bench of this Court, reads as under :-

    "8. According to us, the approach adopted by the learned Single Judge does not call for any interference. As a matter of fact, the view taken by the learned Single Judge is based on the judgment of the Division Bench in the matter of: Thirumuruga Kirupanantha Variyar Thavathiru Sundara Swamigal Medical Educational and Charitable Trust. Being a coordinate Bench, we are bound by the view of the Division Bench.

9. Moreover, the argument advanced by Mr. Siva Shanmugasundaram, that grant of permanent minority status does not allow monitoring and regulation, has been answered, as rightly argued by the learned counsel for respondent No. 1, in paragraph 7 of the judgment rendered in: Jeyaraj Annapackiam College. For the sake of convenience, the relevant observations are extracted hereafter:

".... 7. We are in entire agreement with the Division Bench judgment of this Court reported in Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamigal Medical Educational and Charitable Trust, Salem V. State of Tamil Nadu. Accordingly, the order of the learned Single Judge is set aside. The minority status given to the appellant will hold good without any restriction period. However, if the respondents are able to find any change in the constitution of educational agency or if the institution is run contrary to the Memorandum of Association/Bye-laws of the Society, it is open to the Government to issue notice and take appropriate decision in accordance with law....."

10. Having regard to the aforesaid, we find no reason to interfere with the impugned judgment.

11. Accordingly, the captioned appeal is dismissed. Resultantly, pending application shall stand dismissed. There shall, however, be no order as to costs."

4. However, a review was filed before the Division Bench of this Court in Rev. Appln. No. 236 of 2019 against the above decision of this Court in W.A. No. 1130 2013. By an order 21.02.2020, the review

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