Madras High Court
Shri. Shanthi Vijai Educational vs The Government Of Tamil Nadu on 28 August, 2017
Author: N.Kirubakaran
Bench: N.Kirubakaran
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.08.2017 CORAM THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P.No. 39787 of 2005 and M.P.Nos.42667 of 2005 and18038 of 2006 Shri. Shanthi Vijai Educational Trust, Jain Schools Association, Rep. by its Secretary, N.Mangal Chand Vaid, Popular Building, Commercial Road, Ootacamund, Nilgiris District. ... Petitioner vs 1.The Government of Tamil Nadu, Rep. by its Secretary, School Educational Department, Chennai 600 009. 2.The Director of School Education, College Road, Chennai 600 006. 3.The Chief Educational Officer, Nilgiris District at Ootacamund. 4.District Educational Officer, Coonoor, The Nilgiris District. 5.The District Elementary Educational Officer, Coonoor. ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records relating to G.O.Ms.No.25 School Education (X2) Department dated 04.03.2005 and to quash the same in so far as restricting the minority status to the schools of the petitioner Association for 2005-2006 alone is concerned and direct the respondents to treat the Schools establish and administered by the petitioner Association as Religious and Linguistic minority Association permanently. For Petitioner : Ms.P.Mahalakshmi For Respondents : Mr.P.Senthilvel, Learned Government Advocate O R D E R
The petitioner association is running a school which is religious as well as linguistic minority. Therefore, the petitioner applied for minority status for the petitioner school agency in the year 1990. Subsequently, the State minority commission, Government of Tamil Nadu by letter dated 03.08.2003 addressed the first respondent informing that the petitioner association is a religious agency and it is established and being administered by Jain community people. Therefore, the first respondent issued G.O.Ms.No.25, School Education (X2) Department, dated 04.03.2005 and granted minority status to the Petitioner association and the period of minority status was restricted to 2005-2006, that is only for the period of one year. Aggrieved over the restriction of minority status to the petitioner, the present writ petition has been filed.
2. Heard Ms.P.Mahalakshmi, learned Counsel appearing for the petitioner and Mr.P.Senthilvel, learned Government Advocate appearing for the respondents.
3. Once the respondents are convinced that the petitioner association/trust is a linguistic and religious minority and granted minority status, there is no occasion for the respondents to restrict the minority status for one year only.
4. This issue is already covered by the Division Bench judgment of this Court in Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamigal, Medical, Educational and Charitable Trust, Salem, represented by its Chairman Vs State of Tamil Nadu and another reported in 2001 (3) M.L.J 433 and C.S.L. Institute of Technology Thovalai, Rep. by its Secretary P.Dharmaraj Vs The Government of Tamil Nadu rep. by its Secretary, Higher Education Department reported in 2004 Writ L.R. 202 and order of this Court made in the case of Church of South India Trust Association Vs. The Government of Tamil Nadu and three others in Writ Petition No.18318 of 2009, dated 24.07.2017.
5. Therefore, this writ petition is allowed and the restriction imposed by the respondents in restricting the minority status of the petitioner to one year only is quashed. Consequently, connected miscellaneous petitions are closed. No costs. 28.08.2017 sai To
1.The Government of Tamil Nadu, Rep. by its Secretary, School Educational Department, Chennai 600 009.
2.The Director of School Education, College Road, Chennai 600 006.
3.The Chief Educational Officer, Nilgiris District at Ootacamund.
4.District Educational Officer, Coonoor, The Nilgiris District.
5.The District Elementary Educational Officer, Coonoor.
N.KIRUBAKARAN, J.
sai W.P.No.39787 of 2005 Dated : 28.08.2017