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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L.VICTORIA GOWRI
Esther Santham Higher Secondary School – Appellant
Versus
Director of School Education – Respondent
ORDER :
This Writ Petition is filed, seeking to quash the order of the 4th respondent Government made in G.O.(Ms)No.65, School Education (MS) Department, dated 05.04.2018, insofar as the petitioner Esther Santham Higher Secondary School, International Youth fellowship in Christ Old No. 1/113-A, New No.1/197, Kalvilai Road, Meignanapuram, Tuticorin District, is concerned.
Gist of the case:-
2.The petitioner trust established the Esther Sandanam High School by obtaining all necessary certificates from the statutory authority. However, another minority institution in the same area objected to the founding of the school. Taking note of the objection, the third respondent passed an order in Na.Ka.No.3785/82 dated 30.08.2012, directing that the petitioner school is functioning without prior permission and therefore, has to be closed down and the students be admitted in the nearby school. The petitioner having applied for declaration of minority status to the educational agency and its institution challenged the aforesaid order by filing Writ Petition in W.P. (MD)No.12577 of 2012. This Court by order dated 07.01.2013, allowed the said Writ Petition as follows:-
“10. Therefore, the writ Petiti
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.
No Objection Certificate to run the minority educational institution can be granted either by the Competent Authority declared by the appropriate authority as per Section 10 or by the National Commis....
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.
The right of minority educational institutions to establish colleges is subject to satisfying statutory conditions of need and infrastructure as per the Andhra Pradesh Education Act.
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