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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R. VIJAYAKUMAR, J.
The Secretary Mar Chrysostom College of Education Malankara Avenue, Kirathoor, Kanyakumari – Appellant
Versus
The State of Tamil Nadu, Represented by its Secretary Department of Higher Education Fort.St.,George, Chennai & Others – Respondents
W.P.(MD). No. 5175 of 2014 & MP(MD). No. 1 of 2014
Decided On : 08-06-2023
Minority Status - Educational Institution - G.O.Ms.No.270, Higher Education (J1) Department dated 17.06.1998 - The court held that the State cannot impose a limit on the number of students from the minority community to be admitted to an unaided minority professional institution. The judgment cited the Supreme Court's rulings in P.A.Inamdar Case and Pramati Educational and Cultural Trust Case to support the autonomy of minority unaided institutions in admitting students. The court set aside the order rejecting the conferment of minority status and directed the authorities to confer minority status upon the petitioner college as a Christian Minority Educational Institution, with a caveat to verify the religious status of the trustees or governing board members before passing orders.
Fact of the Case:
The petitioner, an unaided college of education, challenged the rejection of its request for minority status by the State Government, citing G.O.Ms.No.270, Higher Education (J1) Department dated 17.06.1998. The college contended that the State Government's imposition of a maximum limit on the admission of students from the minority community was arbitrary and unconstitutional.
Finding of the Court:
The court found that the State cannot impose a limit on the admission of students from the minority community to an unaided minority professional institution. It held that the Government Order was in violation of the Supreme Court's judgments and set aside the order rejecting the conferment of minority status, directing the authorities to confer minority status upon the petitioner college.
Issues: The issues revolved around the State Government's rejection of the petitioner college's request for minority status, citing a Government Order that imposed a maximum limit on the admission of students from the minority community to the college.
Ratio Decidendi: The court's decision was based on the Supreme Court's rulings in P.A.Inamdar Case and Pramati Educational and Cultural Trust Case, which established the autonomy of minority unaided institutions in admitting students and held that the State cannot impose a quota or percentage of admission in such institutions.
Final Decision: The court set aside the order rejecting the conferment of minority status and directed the authorities to confer minority status upon the petitioner college as a Christian Minority Educational Institution, with a caveat to verify the religious status of the trustees or governing board members before passing orders.
JUDGMENT
(Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings issued by the 1st respondent State Government in Letter No.2373/E1/2013-3 dated 25.11.2013, quash the same and further direct the State Government to recognise forthwith the status of the petitioner college as a Christian Religious Minority Educational Institution.)
1. The present writ petition has been filed by an unaided college of education challenging an order passed by the first respondent wherein the request of the petitioner for conferment of minority status has been rejected citing Clause 8(v) of G.O.Ms.No.270, Higher Education (J1) Department dated 17.06.1998.
2. According to the petitioner, they are owned and administered by a registered trust namely “ Diocese of Marthandam” vide Document No. 123(IV), dated 23.10.1997 in the office of the Sub Registrar, Marthandam, Kanyakumari District. According to them, the said Diocese is running 478 institutions. In order to provide professional education on teaching to the people belonging to the Christian Community, the petitioner college was started in the year 2006. The National Council for Teacher Education (NCTE)- Southern Regional Committee had granted recognition to the college with an annual intake of 100 students vide order dated 14.12.2006. They have further contended that the college was initially affiliated to Manonmaniam Sundaranar University, Tirunelveli District. From the year 2008, it stands affiliated to Tamil Nadu Teacher Education University. According to the petitioner, it is fully self-financed college for which the educational agency is the Diocese. All the trustees and the governing body members of the Diocese belong to the Roman Catholic Order of Christianity. The said college is functioning as a full-fledged Christian Minority Educational Institution. Though it is a Christian Religious Minority Institution, admission is not denied to anyone on the ground of caste, creed or language.
3. The petitioner had further contended that for formal certification relating to their status as a minority, the college submitted a memorandum to the second respondent on 11.07.2007. The second respondent has forwarded the letter to the first respondent. Some clarification was sought by the second respondent thereafter. After details of the documents sought for were furnished, there was no response from the respondents 1 and 2. Thereafter, there were further communications between the authorities and the college management. The college had filed W.P.(MD).No.16853 of 2012 for a mandamus to direct the first respondent to consider and pass orders on the petitioner''s memorandum dated 11.07.2007. The writ petition was allowed on 21.12.2012 directing the first respondent to consider and pass appropriate order in accordance with law within a period of 12 weeks from the date of receipt of a copy of the order. Since the order was not complied with, a Contempt Petition No.1208 of 2013 was filed. While the said contempt petition is pending, the present impugned order was passed on 25.11.2013 rejecting the said minority status stating that the college had admitted minority students exceeding 50% of the total sanctioned strength and therefore, the College has violated the guidelines framed by the Government of Tamil Nadu Under G.O.Ms.No.270, Higher Education (J1) Department dated 17.06.1998. This order is under challenge in the present writ petition.
4. The learned Senior Counsel appearing for the writ petitioner had contended that the reasons assigned by the first respondent for refusing minority status to the said institution is arbitrary and unconstitutional. He had further contended that the guidelines have been framed by the State Government in the year 1998 which are much prior to the judgment of the Hon''ble Supreme Court in T.M.A.Pai Foundation Case and P.A.Inamdar Case which were pronounced by
The main legal point established in the judgment is that the State cannot impose a limit on the admission of students from the minority community to an unaided minority professional institution, as e....
Minority educational institutions can be established without prior permission, but the State may require a minimum percentage of admissions from the minority community to maintain their status.
The fixation of government seat quotas in unaided minority institutions is unconstitutional and violates their fundamental right to autonomy under Article 30(1) of the Constitution.
The right of minority educational institutions to administer admissions under Article 30(1) is subject to reasonable regulations by the State to maintain educational standards.
The court affirmed that minority educational institutions must maintain a significant representation of students from the minority community to retain their status, and the state has the authority to....
The court found that minority institutions can be regulated by the State regarding admissions while retaining their autonomy, ensuring compliance with educational standards and merit without violatin....
Christ College, Cuttack is recognized as a minority educational institution under the Odisha Education Act, 1969, and related state communications attempting oversight of its management were quashed.
The Tamil Nadu State Minority Commission lacks authority to impose admission criteria on minority educational institutions, which are protected under Article 30 of the Constitution.
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