IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2026

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA,

CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE G.ARUL MURUGAN

WP No.19837 of 2023

Annai Khadeeja Arts & Science College for Woman,

(Founded and Manged by the Tamil Nadu Muslim Educational Trust)

rep. By its Founder & Managing Trustee,

M.H.Mohamed Saleem : Petitioner

versus

1.The Principal Secretary,

Department of Higher Education,

Secretariat, Chennai

2.The Regional Joint Director,

Directorate of Collegiate Education,

Trichirapalli

3.The National Commission for Minority Educational Institutions,

Gate No.4, 1st Floor, Jeevan Tara Building,

5, Sansad Marg, Patel Chowk,

New Delhi 110001

(R-3 impleaded as per order dated 05.10.2023

in WP No.19837/2023) : Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records culminating in the Order No. 172 dated 01/06/2023 and quash the same and direct the 1st Respondent to accommodate reasonable opportunity to the

Petitioner in nature of a personal hearing.

For Petitioner : Mr.Mohamed Sajid For Respondents : Mr.M.Suresh Kumar Additional Advocate General Assisted By Mr.A.Selvendran Special Government Pleader for respondents.

Mr.S.Abubackder Sidhic For Intervenor.

ORDER (Order of the Court was made by the Hon'ble Chief Justice)

This petition has been filed by the petitioner institution challenging the order appointing a Special Officer vide impugned order dated 01.06.2023, mainly on the ground that the appointment of the Special Officer is done in the exercise of powers under Section 14A of the Tamil Nadu Recognised Private Colleges (Regulation) Act, 1976 which has already been held to be inapplicable to a minority institution. Petitioner institution’s status as a minority institution has not been disputed by the respondents.

2. We have gone through the order dated 12.08.1991 passed by this Court in the case of Society of the Brothers of the Sacred Heart of Jesus and others. vs. State of Tamil Nadu and ors. (Manu/TN/0680/1991) wherein it has been clearly held that the provisions of Sections 14A and 14B of the Tamil Nadu Recognised Private Colleges (Regulation) Act, 1976 are not applicable to a minority educational institution. There are many other judgments on the same lines which need not be referred to.

3. As the reply filed by the respondents do not dispute the minority status of the petitioner institution, the aforesaid judgment directly applies to the case of the petitioner institution. Consequently, the impugned order is held to be without the authority of law and therefore, the same is quashed.

4. The petition stands allowed. There will be no order as to costs. Consequently, WMP Nos.19178 and 19180 of 2023 are closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.)

09.01.2026 tar THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.

(tar)

To

1.The Principal Secretary, Department of Higher Education, Secretariat, Chennai

2.The Regional Joint Director, Directorate of Collegiate Education, Trichirapalli

3.The National Commission for Minority Educational Institutions, Gate No.4, 1st Floor, Jeevan Tara Building, 5, Sansad Marg, Patel Chowk, New Delhi 110001

09.01.2026