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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mrs. Justice L. Victoria Gowri, J
Secretary, Jeyaraj Annapackiam College – Appellant
Versus
Principal, Crescent College of Education for Women – Respondent
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 Soci
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.
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.
Minority institutions have an absolute right to select their staff without interference from educational authorities, as protected under Article 30 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 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.
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.
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