Smartha Brahmins do not constitute a religious denomination and are not entitled to the benefits under Article 26 of the Constitution of India.

JUDGMENT

(Prayer: Second Appeal is filed under Section 100 of C.P.C, against the judgment and decree dated 15.12.1998 made in A.S.No.8 of 1996 on the file of the Sub Court, Tuticorin as confirming the judgment and decree in O.S.No.200 of 1993 on the file of the Principal District Munsif Court, Tuticorin dated 30.08.1995.)

The plaintiffs are the appellants.

2. The plaintiffs filed O.S.No.200 of 1993 before the Principal District Munsif Court, Tuticorin for the relief of declaration that the plaintiffs are entitled to the benefits and privileges conferred under Article 25(1), Article 26, Article 29(1) and Article 30(1) of Indian Constitution in view of their minority character and consequentially pass an order of permanent injunction calling upon the defendants not to enforce on them any Act, Rules, Regulations and Notifications which take away the plaintiffs' rights as a minority community. After trial, the suit was dismissed by the trial Court. Plaintiffs filed A.S.No.8 of 1996 before the Subordinate Court, Tuticorin. The learned Subordinate Judge concurred with the findings of the trial Court and dismissed the appeal. As against the same, the present second appeal has been filed by the plaintiffs.

3. The plaintiffs had contended that the first and second plaintiffs are the followers of Advaita Vendanta founded by Adi Sankara and are scattered through out the State of Tamil Nadu and the suit is filed in the representative capacity. According to the plaintiffs, Smartha Brahmins are minority group within the larger minority group practising the Advaita Philosophy. The plaintiffs had further contended that a smaller group of first plaintiff's denominational sect has settled at Tuticorin and they have founded the third plaintiff's School in the year 1924. According to the plaintiffs, the said Smartha Brahmins have a peculiar mode of wearing apparel while performing their religious ceremonies. The plaintiffs had further contended that the right from birth to death they have their individual stamp in their ceremonies and all of them are in Sanskrit language. The plaintiff's had further contended that the followers of Advaita were treated as a religious denomination by the Hon'ble Supreme Court in AIR 1954 SC Page 282. Based upon the said averments, the plaintiffs had contended that they are entitled to the privileges conferred under Article 30 of Indian Constitution because of their minority character. The plaintiffs had further contended that the educational authorities are interfering in the day to day administration of the third plaintiff School. They should be restrained by doing so, in view of the minority character of the third plaintiff School. Based upon the said pleadings, the plaintiffs prayed for declaration that they are entitled to the benefits and privileges conferred under Articles 25 to 30 of Indian Constitution.

4. The third defendant filed a written statement which was adopted by the first and second defendants.

5. The third defendant in his written statement has categorically disputed the fact that the plaintiffs are followers of Advaita Philosophy. The defendants also contended that the Smartha Brahmins are not minority groups. The defendants had further contended that the third plaintiff School is an aided non-minority institution and hence, the third defendant and his subordinate authorities have got every jurisdiction to enforce Government orders on the third plaintiff Institution. The defendants had further contended that the third plaintiff educational institution is not entitled to the benefit of privileges conferred under Articles 25 to 30 of Indian Constitution since Smartha Brahmins do not enjoy minority status. The defendants had further contended that the Educational Department has got every right to enforce the rules and regulations of Tamil Nadu Recognised Private School Regulations Act 1973 and its Rules 1974 upon third plaintiff School.

6. The trial Court after going through the pleadings, oral and docume