JUDGMENT

(Prayer in W.A.No.2353 of 2022: Appeal filed under Clause 15 of the Letters Patent against the order dated 27.04.2022 in W.M.P.No.10533 of 2022 in W.P.No.10973 of 2022;

Prayer in W.P.No.10973 of 2022: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus, calling for the records relating to the impugned order passed by the first respondent Principal Secretary, Higher Education, Government of Tamil Nadu vide G.O.Ms.No.232, Higher Education (E1) Department dated 20.11.2021 rejecting extension of Religious Minority Status to the petitioner College and also consequently Clause 8(v) of G.O.Ms.No.270 Higher Education (J1) Department dated 17.06.1998, imposing the condition of restricting admission of minority students upto 50 percent to quash the same and further to direct the first respondent to issue the Permanent Religious Minority Status Certificate to the petitioner College.

[Prayer amended vide order dated 07.07.2023 in W.M.P.No.19308 of 2023 in W.P.No.10973 of 2022])

Common Judgment:

Sanjay V. Gangapurwala, CJ.

The appellant/petitioner, claiming to be a Minority Institution, filed W.P.No.10973 of 2022 assailing the Government Order dated 20.11.2021, rejecting the extension of Religious Minority status to the appellant/petitioner College and further sought a direction to issue the Permanent Religious Minority status certificate to the appellant/petitioner College.

2. The learned Single Judge ordered status quo to be maintained till the next date of hearing upon a condition that the appellant/petitioner faithfully adheres to the maximum threshold. But, the appellant/petitioner breaches the condition of maximum threshold of 50 percent students to be admitted from the Minorities. The W.A.No.2353 of 2022 is filed by the appellant/petitioner against the said order.

3. W.P.No.10971 of 2022 was initially filed by the appellant/petitioner challenging the G.O.Ms.No.232 dated 20.11.2021, rejecting the extension of Religious Minority status to the appellant/petitioner College. However, during the pendency of the writ petition, on or about 07.07.2023, the appellant/petitioner amended the petition by raising additional grounds, so also the prayer. By amendment, the appellant/petitioner now challenges Clause 8(v) of G.O.Ms.No.270, issued by the Higher Education (J1) Department dated 17.06.1998, imposing the condition of restricting the admission of Minority students up to 50 percent and also seeks a direction against the respondents to issue Permanent Religious Minority status certificate to the appellant/petitioner College.

4. As both the writ appeal and the writ petition are based on the same set of facts and involves similar question of law, to avoid rigmarole, are decided together.

5.1. The appellant/petitioner claims to be a Religious Minority Institution and runs an Arts & Science College (Autonomous) for Women. The appellant/petitioner claims to be a Society established and administered by the members of the Muslim Minority Community and is registered under the provisions of the erstwhile Societies Registration Act, 1860 on 23.10.2021 and after the repeal of the Act of 1860, it is now governed by the Tamil Nadu Societies Registration Act, 1975.

5.2. The appellant/petitioner College is affiliated to the University of Madras. The College became fully autonomous in the year 2006. It functions in two sessions viz., forenoon session and afternoon session. According to the appellant/petitioner, the forenoon session of the College receives grant-in-aid from the Government. The G.O.Ms.No.270 dated 17.06.1998 provides that in case of self-financing Educational Institutions imparting Professional Courses of Education, established and administered by any Minority, shall admit students of that Minority alone in the existing 50% of the sanctioned streng