Madras High Court
Tamil Nadu Private School Teachers ... vs State Of Tamil Nadu on 26 June, 2019
Author: Vineet Kothari
Bench: Vineet Kothari
1/5 Judgment dt.26.06.2019 in W.A.No.348/2019
Tamil Nadu Pvt.School Teachers Sangam v. State of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 26-06-2019
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI
AND
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
W.A.No.348 of 2019
Tamil Nadu Private School Teachers Sangam,
rep.by its General Secretary K.Palani ... Appellant
-vs-
1.State of Tamil Nadu,
rep.by its Secretary to Government,
Department of Higher Education,
Fort St.George,
Chennai – 600 001.
2.The National Counsel,
Y.M.C.A., rep.by its
General Secretary Bharat Yuvak Bhavan,
Jaysingh Road,
New Delhi – 110 001.
3.The Correspondent,
Y.M.C.A.College of Physical Education,
Nandanam,
Chennai-600 035. .... Respondents
Appeal under Clause 15 of the Letters Patent against the Order,
dated 11.09.2018, passed in W.P.No.8797 of 2015 on the file of this Court.
http://www.judis.nic.in
2/5 Judgment dt.26.06.2019 in W.A.No.348/2019
Tamil Nadu Pvt.School Teachers Sangam v. State of Tamil Nadu
For Appellant : Ms.D.Bharathy
For Respondents : Mr.C.Munuswamy
Special Government Pleader.
JUDGMENT
(By Dr.Vineet Kothari,J.) This Writ Appeal has been filed by Tamil Nadu Private School Teachers Sangam, aggrieved by the order of the learned Single Judge, dated 11.09.2018, passed in W.P.No.8797 of 2015, dismissing the Writ Petition filed by the Appellant - writ petitioner Association, whereby the Association had sought for cancellation of the status of 'Minority Institution', given to the third respondent Institution viz., Y.M.C.A. College of Physical Education, Nandam, Chennai.
2. The learned Single Judge, in the order impugned, merely directed that the Appellant - writ petitioner Association has no locus standi to question the Minority Status of the third respondent Institution. The order impugned before the learned Single Judge was one passed by the Secretary to Government, State of Tamil Nadu, on 03.03.2015, informing the General Secretary of the Appellant Association - Mr.K.Palani - that their representation, dated 25.08.2011, requesting to cancel G.O.Ms.No.309, http://www.judis.nic.in 3/5 Judgment dt.26.06.2019 in W.A.No.348/2019 Tamil Nadu Pvt.School Teachers Sangam v. State of Tamil Nadu issued by Higher Education (E1) Department, dated 21.09.2010, granting Minority Status to YMCA College of Physical Education, was rejected. However, the Secretary to Government, in the same order, directed the Regional Joint Director of Collegiate Education, Chennai, to conduct a regular annual inspection and submit a report to the Director of Collegiate Education for verification and examination for continuance/withdrawal of Minority Institution Status to YMCA College of Physical Education, Chennai.
3. G.O.Ms.No.309, Higher Education (E1) Department, dated 21.09.2010, giving Minority Status to the third respondent Institution, clearly stipulates in Para 4 (ii) that if the Minority Institution does anything against the grant of said Minority Status, the Head of the Department i.e., the Director of Collegiate Education shall bring it to the notice of the Government for withdrawal of the Minority Status and the Government shall take further necessary action for withdrawal of the Minority Status, after giving an opportunity of hearing to the institution concerned.
4. Therefore, from the said G.O. itself, it is clear that only the competent authority of the Department could initiate the action of the withdrawal of Minority Status and the representation or complaint of the http://www.judis.nic.in 4/5 Judgment dt.26.06.2019 in W.A.No.348/2019 Tamil Nadu Pvt.School Teachers Sangam v. State of Tamil Nadu appellant Sangam made in that regard already stood rejected with a further direction to the Regional Joint Director of Collegiate Education, Chennai, to conduct annual inspection of the third respondent Institution - YMCA College of Physical Education, Chennai - on regular basis.
5. We are satisfied that no interference is called for in the order passed by the learned Single Judge, impugned before us. Therefore, this Writ Appeal, filed by Tamil Nadu Private School Teachers Sangam, is liable to be dismissed and it is, accordingly, dismissed. No costs.
Index : Yes/No (V.K.,J.) (C.V.K.,J.)
Internet : Yes/No 26-06-2019
Speaking/Non-speaking Order
dixit
To
State of Tamil Nadu,
rep.by its Secretary to Government,
Department of Higher Education,
Fort St.George,
Chennai – 600 001.
http://www.judis.nic.in
5/5 Judgment dt.26.06.2019 in W.A.No.348/2019
Tamil Nadu Pvt.School Teachers Sangam v. State of Tamil Nadu DR.VINEET KOTHARI, J.
and C.V.KARTHIKEYAN, J.
dixit W.A.No.348 OF 2019 26-06-2019 http://www.judis.nic.in