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R. VIJAYAKUMAR
Secretary Mar Chrysostom College of Education Malankara Avenue, Kirathoor, Kanyakumari – Appellant
Versus
State of Tamil Nadu, Represented by its Secretary Department of Higher Education Fort. St. ,George, Chennai – Respondent
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 start
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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