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2025 Supreme(Mad) 3698

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L. VICTORIA GOWRI, J.
The Secretary, Jeyaraj Annapackiam College - Appellant
Versus
The Principal, Crescent College of Education for Women - Respondent
W.P. (MD) Nos. 22143, 22144, 22365, 22366 of 2018, W.M.P. (MD) Nos. 20073, 20074, 20075, 20262, 20263, 20264 of 2018
Decided On : 12-02-2025

Advocates:
Advocate Appeared:
For the Appellant : Issac Mohanlal
For the Respondent: Ohm Prakash

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.

Headnote:(A) Tamil Nadu State Minorities Commission Act, 2010 - Section 8 - Constitution of India - Article 30 and Article 15(5) - Writ petitions challenging proceedings of the State Minority Commission requiring minority educational institutions to submit admission records - The Commission lacks authority to impose conditions on admissions in minority institutions, which are protected under Article 30 - The impugned proceedings are arbitrary and unconstitutional. (Paras 6, 12, 14, 15)

(B) Minority Rights - The right to administer educational institutions is a fundamental right guaranteed to minorities under Article 30 of the Constitution, and any interference by the State must be within the bounds of law. (Paras 7, 14)

Facts of the case:
The writ petitions were filed by four minority educational institutions challenging the authority of the Tamil Nadu State Minority Commission to demand admission records for verification of compliance with guidelines. The institutions argued that such demands infringe upon their rights under Article 30.

Findings of Court:
The court found that the State Minority Commission does not have the jurisdiction to call for records from minority institutions regarding admissions, as such institutions are protected under Article 30 and excluded from the provisions of Article 15(5).

Issues: The main issues were whether the Tamil Nadu State Minority Commission has the authority to seek admission details from minority educational institutions and whether the impugned proceedings were issued without jurisdiction.

Ratio Decidendi: The court ruled that the Tamil Nadu State Minority Commission's actions were beyond its jurisdiction and violated the fundamental rights of minority institutions under Article 30, reaffirming that minority institutions are not subject to the same admission regulations as non-minority institutions.

Result: Writ Petitions allowed.

ORDER :

1. Challenging the impugned proceedings issued by the third respondent, Member Secretary of State Minority Commission in R.C.No.A1/408/2018, dated 14.08.2018 and 23.07.2018 respectively, these Writ Petitions are filed.

2. The writ petitioner in W.P.(MD)No.22143 of 2018 is a College, namely, Jeyaraj Annapackiam College for Women, Periyakulam, founded and administered by the Congregation of the Sisters of St.Anne, Tiruchirappalli. The same is registered as a Society and the members and officers of the Society are all Christians, more particularly nuns. They belong to the Roman Catholic Order of Christianity. The said College is a recognized minority educational institution, which was initially affiliated to Madurai Kamaraj University as established in the year 1971. From the year 2002, the College stands affiliated to the Mother Theresa Women's University and the same is a partly aided College by the Government of Tamil Nadu. The said College is an Arts College.

3. The petitioner College in W.P.(MD)No.22144 of 2018 is the Crescent College of Education for Women, Kallampatti, Madurai District, administered by All India Islamic Foundation, Chennai. The same is registered as a Society and all the members and officers of the said Society belong to Muslim community. Thus, this petitioner College is a religious minority educational institution and is one among the most reputed women's college in the State and the same is a self-financed College established during the academic year 2005-2006, which was originally affiliated to Madurai Kamaraj University, Madurai and later with Tamil Nadu Teacher Educational University, Chennai, from the year 2008. The College offers two years B.ed., degree course.

4. The petitioner College in W.P.(MD)No.22365 of 2018, namely, St. Xavier's College of Education, Palayamkottai, is run by the Society of St.Francis Xavier, a body registered under the Society's Registration Act, which was established in the year 1950. The said College is offering one year B.Ed and one year M.Ed degree courses and the same is aided by the Government of Tamil Nadu.

5. The petitioner College in W.P.(MD)No.22366 of 2018, namely St.Xavier's College, Palayamkottai, is one among the recognized educational institutions administered by the Society, namely, St.France, Xavier, a body registered under Society's Registration Act. It is a recognized minority education institution and is a partly aided College by the State. The said College is a Arts and Science College.

6. All the four Colleges have filed these Writ Petitions, challenging the impugned proceedings issued by the third respondent, Member Secretary of State Minority Commission in R.C.No.A1/408/2018 dated 14.08.2018 and 23.07.2018 respectively, requiring the respective Colleges to depute officials along with authorization letter from the Principal along with the details of the student's admission with all admission records of the respective educational institution admitted in the past three academic years from 2016-2017 to 2018-2019 on various dates, more particularly, on 05.09.2018, 29.08.2018, 20.09.2018 and 14.08.2018 respectively. The impugned letter would reveal that the State Minorities Commission had decided to verify whether the guidelines pertaining to the minority institutions are followed promptly, as per the Government Orders in G.O.Ms.No.270, Higher Education (J1) Department dated 17.06.1998, G.O.Ms.No.206, Personal and Administrative Reforms (K8) Department dated 06.11.2008 and for verifying whether the mandates of the aforesaid Government Orders have been followed promptly by the petitioner Colleges. The Member Secretary of the State Minorities Commission had required the writ petitioners to depute officials with the entire details of student admission for the past three academic years from 2016-2017 to 2018-2019. Challenging the same, these Writ Petitions are filed.

7. The learned Senior Counsel appearing for the writ petitioners submitted that the third respo

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