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.

ORDER :

This Writ Petition is filed, seeking to quash the order of the 4^th 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 Petition to dispose of on the following terms:-

(i) The impugned order for the closure of the School is set aside.

(ii) The respondents 2 and 3 are directed to forward the application of the petitioner for recognition and grant of minority status to the first respondent viz., the Director of School Education, within a week of receipt of copy of this order with necessary enclosures.

(iii) Within 4 weeks of receipt of the application from the respondents 2 and 3, the first respondent shall conduct an enquiry and give an opportunity of hearing to the petitioner and pass appropriate orders in accordance with law.

(iv) In the meantime, the proposal application of the School for permitting the students to write the examinations shall be processed. If recognition is granted before the end of February 2013, the children shall be permitted to write the examinations in the same school itself. If recognition could not be granted before the end of February 2013, the children shall be permitted to write the examination in another nearby Higher Secondary School other than the fourth respondent School.

11.The Writ Petition is disposed of on the above terms.”

3. Aggrieved by the said order, the Government filed a Writ Appeal in W.A.(MD)No.306 of 2013, and in the meanwhile, rejected the petitioner's request for recognition for the school, treating it as a non-minority school, since it had not obtained the status of the trust as one of the minority character. The petitioner therefore, challenged the same by filing W.P. (MD)No.9260 of 2013.

4. In the interregnum, the Hon'ble Division Bench of this Court disposed of the Writ Appeal in W.A.(MD)No.306 of 2013, directing the petitioner herein to apply for minority status separately to the respondents. Therefore, the petitioner preferred an application independently, for declaring it as a minority educational agency and since no orders were passed, the petitioner filed another Writ Petition in W.P.(MD)No.36010 of 2013 and this Court by order dated 26.11.2013, directed the respondent therein to pass order within two months from the date of receipt of the order.

5. The petitioner in the meanwhile, had approached the State Minority Commission and the authorities were pleased to verify the records and recommended the case of the petitioner herein for grant of minority declaration status through its no objection letter dated 19.12.2013. The said no objecti