Madras High Court
The Church Of South India Art vs The Director Of Employment And Training on 4 September, 2012
Author: Vinod K.Sharma
Bench: Vinod K.Sharma
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04/09/2012
CORAM
THE HONOURABLE MR. JUSTICE VINOD K.SHARMA
W.P.(MD) No.5243 of 2012
W.P.(MD) No.5244 to 5256 of 2012
and
M.P.(MD)Nos.2 and 3 of 2012 in the
above Writ Petitions
1.The Church of South India Art
Industrial School of the TNDTA
(Tuticorin Nazareth Diocesan
Trust Association) - Nazareth,
Tuticorin District,
by its Correspondent, S.Rajasekar. .. First petitioner in all the
above Writ Petitions
2.K.Baskar .. Second Petitioner in
W.P.(MD)No.5243 of 2012
3.I.Navamani David .. Second Petitioner in
W.P.(MD)No.5244 of 2012
4.R.Allwin Manoj Kumar .. Second Petitioner in
W.P.(MD)No.5245 of 2012
5.J.Stanly Johnson Durai .. Second Petitioner in
W.P.(MD)No.5246 of 2012
6.S.Asir Benjamin .. Second Petitioner in
W.P.(MD)No.5247 of 2012
7.T.John Balan Kennady .. Second Petitioner in
W.P.(MD)No.5248 of 2012
8.S.Alexander .. Second Petitioner in
W.P.(MD)No.5249 of 2012
9.S.Jebaraj .. Second Petitioner in
W.P.(MD)No.5250 of 2012
10.S.Jebaraj .. Second Petitioner in
W.P.(MD)No.5251 of 2012
11.D.Joseph Raja Devaraj .. Second Petitioner in
W.P.(MD)No.5252 of 2012
12.D.Joseph Raja Devaraj .. Second Petitioner in
W.P.(MD)No.5253 of 2012
13.T.Annie Mary .. Second Petitioner in
W.P.(MD)No.5254 of 2012
14.S.Stalin Vinothraj Prabhu .. Second Petitioner in
W.P.(MD)No.5255 of 2012
15.T.Annie Mary .. Second Petitioner in
W.P.(MD)No.5256 of 2012
vs.
1.The Director of Employment and Training,
Industrial Estate,
Guindy, Chennai - 600 032.
2.The Joint Director of Employment and Training,
Industrial Estate,
Guindy, Chennai - 600 032.
3.The Government of Tamilnadu,
represented by its Secretary,
Labour and Employment Department,
Fort St.George, Chennai - 600009. .. Respondents in all
the Writ Petitions
Writ Petition (MD)No.5243 of 2012 filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarified Mandamus calling for the
records relating to the order of the second respondent in
Se.Mu.Anai.No.Tho.Pa.2/8573/99 dated 03.03.2000 and the direction of the first
respondent in Na.ka.No.Tho.Pa.2/12541/98-1 dated 23.11.2007 and of the third
respondent G.O.(Ms)No.159, Employment and Labour Department (S2) Department,
dated 26.7.2007, relating to that portion of the order denying salary and
enforcing condition for declaration of Minority Status from the Government and
quash the same and direct the respondents to approve the appointment of
K.Baskar, made in an approved and sanctioned Post of Tailoring Instructor from
the date of appointment dated 19.6.1997 in the petitioners Church of South India
Art Industrial School, Nazereth, Tuticorin District with all salary emoluments
and service benefits are concerned.
Writ Petition (MD)No.5244 of 2012 filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarified Mandamus calling for the
records relating to the order of the second respondent in
Se.Mu.Aaa.Tho.Pa.2/58316/2000 dated 14.2.2001 and the direction of the first
respondent in Na.Ka.No.Tho.Pa.2/12541/98-1 dated 23.11.2007 and of the third
respondent G.O.(Ms)No.159, Employment and Labour Department (S2) Department,
dated 26.7.2007, relating to that portion of the order denying salary and
enforcing condition for declaration of Minority Status from the Government and
quash the same and direct the respondents to approve the appointment of
I.Navamani David, made in an approved and sanctioned Post of Instructor as
Turner from the date of appointment dated 19.05.2000 in the petitioners Church
of South India Art Industrial School, Nazereth, Tuticorin District with all
salary emoluments and service benefits are concerned.
Writ Petition (MD)No.5245 of 2012 filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarified Mandamus calling for the
records relating to the order of direction of the first respondent in
Na.Ka.No.Tho.Pa.2/12541/98-1 dated 23.11.2007 to comply with the third
respondent's G.O.(Ms)No.159, Employment and Labour Department (S2) Department,
dated 26.7.2007; Proceedings dated 27.12.2010 in Na.Ka.No.Tho.Pa.2/55678/2010
and Na.Ka.No.Tho.Pa.2/55678/2010 dated 17.5.2011 of the first respondent, to
that portion of directions enforcing condition of declaration of Minority Status
from the Government and relating to the age on the date of appointment and to
quash the same and direct the respondents to approve the appointment of R.Allwin
Manoj Kumar, made in an approved and sanctioned post of "Instructor-Fitter" from
the date of appointment dated 1.12.2009 in the petitioners Church of South India
Art Industrial School, Nazareth, Tuticorin District with all salary, emoluments
and service benefits are concerned.
Writ Petition (MD)No.5246 of 2012 filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarified Mandamus calling for the
records relating to the order of direction of the first respondent in
Na.Ka.No.Tho.Pa.2/60683/03 dated 19.3.2004 and Na.Ka.No.Tho.Pa.2/12541/9801
dated 23.11.2007 to comply with the third respondent's G.O.(Ms)No.159,
Employment and Labour Department (S2) Department, dated 26.7.2007, to that
portion of directions enforcing condition of declaration of Minority Status from
the Government and to quash the same and direct the respondents to approve the
appointment of J.Stanly Johnson Durai, made in an approved and sanctioned post
of "Instructor-Fitter cum Blacksmith" from the date of appointment dated
01.09.2003 in the petitioners Church of South India Art Industrial School,
Nazareth, Tuticorin District with all salary, emoluments and service benefits
are concerned.
Writ Petition (MD)No.5247 of 2012 filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarified Mandamus calling for the
records relating to the order of direction of the first respondent in
Na.Ka.No.Tho.Pa.2/12541/98-1 dated 23.11.2007 to comply with the third
respondent's G.O.(Ms)No.159, Employment and Labour Department (S2) Department,
dated 26.7.2007 and Na.Ka.No.Tho.Pa2/47779/01 dated 11.11.2003 of the third
respondent relating to that portion of directions enforcing condition of
declaration of Minority status from the Government and quash the same and direct
the respondents to approve the appointment of S.Asir Bejamin, made in an
approved and sanctioned post of "Junior Assistant" from the date of appointment
dated 13.6.2001 in the petitioners Church of South India Art Industrial School,
Nazareth, Tuticorin District with all salary, emoluments and service benefits
are concerned.
Writ Petition (MD)No.5248 of 2012 filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarified Mandamus calling for the
records relating to the order of direction of the first respondent in
Na.Ka.No.Tho.Pa.2/12541/98-1 dated 23.11.2007; G.O.(Ms)No.159, Employment and
Labour Department (S2) Department, dated 26.7.2007 relating to that portion of
the order denying approval and salary by enforcing condition for declaration of
Minority Status from the Government and quash the same and direct the
respondents to approve the appointment of T.John Balan Kennady, made in an
approved and sanctioned post of "Tool and Die making Instructor" from the date
of appointment dated 9.3.1998 in the petitioners Church of South India Art
Industrial School, Nazareth, Tuticorin District with all salary, emoluments and
service benefits are concerned.
Writ Petition (MD)No.5249 of 2012 filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarified Mandamus calling for the
records relating to the order of direction of the first respondent in
Tho.Pa.2/12541/98-1 dated 23.11.2007 to comply with the third respondent's
G.O.(Ms)No.159, Employment and Labour Department (S2) Department, dated
26.7.2007; proceedings in Na.Ka.No.IS-2/60661/2008 dated 5.9.2011 of the first
respondent, to that portion of directions enforcing condition of declaration of
Minority status from the Government and relating to the age on the date of
appointment and to quash the same and direct the respondents to approve the
appointment of S.Alexander, made in an approved and sanctioned post of
"Watchman" from the date of appointment dated 12.7.2004 in the petitioners
Church of South India Art Industrial School, Nazareth, Tuticorin District with
all salary, emoluments and service benefits are concerned.
Writ Petition (MD)No.5250 of 2012 filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarified Mandamus calling for the
records relating to the order of direction of the first respondent in
Na.Ka.No.Tho.Pa.2/12541/98-1 dated 23.11.2007 to comply with the third
respondent's G.O.(Ms)No.159, Employment and Labour Department (S2) Department,
dated 26.7.2007 to that portion of directions enforcing condition of declaration
of Minority status from the Government and quash the same and direct the
respondents to approve the appointment of S.Jebaraj, made in an approved and
sanctioned post of "Instructor Fitter cum Blacksmith" from the date of
appointment dated 04.01.2010 in the petitioners Church of South India Art
Industrial School, Nazareth, Tuticorin District with all salary, emoluments and
service benefits are concerned.
Writ Petition (MD)No.5251 of 2012 filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarified Mandamus calling for the
records relating to the order of direction of the first respondent in
Na.Ka.No.Tho.Pa.2/12541/98-1 dated 23.11.2007 to comply with the third
respondent's G.O.(Ms)No.159, Employment and Labour Department (S2) Department,
dated 26.7.2007; to that portion of directions enforcing condition of
declaration of Minority status from the Government and to quash the same and
direct the respondents to approve the appointment of C.Prabu Jacob Edwinkumar,
made in an approved and sanctioned post of "Office Assistant" from the date of
appointment dated 01.08.2011 in the petitioners Church of South India Art
Industrial School, Nazareth, Tuticorin District with all salary, emoluments and
service benefits are concerned.
Writ Petition (MD)No.5252 of 2012 filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarified Mandamus calling for the
records relating to the order of direction of the first respondent in
Na.Ka.No.Tho.Pa.2/12541/98-1 dated 23.11.2007 to comply with the third
respondent's G.O.(Ms)No.159, Employment and Labour Department (S2) Department,
dated 26.7.2007; Na.Ka.No.Tho.Pa.2/71765/03 dated 26.03.2004 and
Na.Ka.No.Tho.Pa.2/60664/2008 dated 19.09.2011 of the first respondent, to that
portion of directions enforcing condition of declaration of Minority status from
the Government and relating to the age on the date of appointment and to quash
the same and direct the respondents to approve the appointment of V.Joseph Raja
Devaraj, made in an approved and sanctioned post of "Workshop Assistant" from
the date of appointment dated 20.06.2003 in the petitioners Church of South
India Art Industrial School, Nazareth, Tuticorin District with all salary,
emoluments and service benefits are concerned.
Writ Petition (MD)No.5253 of 2012 filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarified Mandamus calling for the
records relating to the order of direction of the first respondent in
Na.Ka.No.Tho.Pa.2/12541/98-1 dated 23.11.2007 to comply with the third
respondent's G.O.(Ms)No.159, Employment and Labour Department (S2) Department,
dated 26.7.2007; to that portion of directions enforcing condition of
declaration of Minority status from the Government and to quash the same and
direct the respondents to approve the appointment of R.Margoschis Moses, made in
an approved and sanctioned post of "Instructor - Fitter" from the date of
appointment dated 20.06.2008 in the petitioners Church of South India Art
Industrial School, Nazareth, Tuticorin District with all salary, emoluments and
service benefits are concerned.
Writ Petition (MD)No.5254 of 2012 filed filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarified Mandamus calling for the
records relating to the order of the first respondent in
Se.Mu.Anai.No.Tho.Pa.2/31199/04-2 dated 27.05.2004 referring to G.O.(Ms)No.159,
Employment and Labour Department (S2) Department, dated 26.7.2007 of the third
respondent and Na.Ka.No.Tho.Pa2/12541/98-1 dated 23.11.2007 and
Na.Ka.No.Tho.Pa.60662/Tho.pa.2/2008 dated 7.10.2011 of the first respondent
relating to that portion of the directions enforcing condition of declaration of
Minority Status from the Government and quash the same and direct the
respondents to approve the appointment of T.Annie Mary, made in an approved and
sanctioned Post of "Store Keeper" from the date of appointment dated 01.04.2004
in the petitioners Church of South India Art Industrial School, Nazereth,
Tuticorin District with all salary emoluments and service benefits are
concerned.
Writ Petition (MD)No.5255 of 2012 filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarified Mandamus calling for the
records relating to the order of direction of the first respondent in
Na.Ka.No.Tho.Pa.2/12541/98-1 dated 23.11.2007 to comply with the third
respondent's G.O.(Ms)No.159, Employment and Labour Department (S2) Department,
dated 26.7.2007 and Na.Ka.No.6203/Tho.Pa2/2009-1 dated 28.11.2011; to that
portion of directions enforcing condition of declaration of Minority status from
the Government and to quash the same and direct the respondents to approve the
appointment of S.Staling Vinothraj Prabhu, made in an approved and sanctioned
post of "Instructor Turner" from the date of appointment dated 04.05.2004 in the
petitioners Church of South India Art Industrial School, Nazareth, Tuticorin
District with all salary, emoluments and service benefits are concerned.
Writ Petition (MD)No.5256 of 2012 filed under Article 226 of the
Constitution of India to issue a Writ of Certiorarified Mandamus calling for the
records relating to the order of direction of the first respondent in
Na.Ka.No.Tho.Pa.2/12541/98-1 dated 23.11.2007 to comply with the third
respondent's G.O.(Ms)No.159, Employment and Labour Department (S2) Department,
dated 26.7.2007 to that portion of directions enforcing condition of declaration
of Minority status from the Government and quash the same and direct the
respondents to approve the appointment of M.Johnson Isaac, made in an approved
and sanctioned post of "Instructor Tool & Die Making" from the date of
appointment dated 2.6.2008 in the petitioners Church of South India Art
Industrial School, Nazareth, Tuticorin District with all salary, emoluments and
service benefits are concerned.
!For petitioner in all the... Mr.M.Joesh Thatheus Jerome
above Writ Petitions
^For respondents in all ... Mrs.S.Bharathi,
the above Writ Petitions Government Advocate
:COMMON ORDER
The petitioners pray for issuance of Writ in the nature of Certiorari to quash G.O.(Ms)No.159, Employment and Labour Department (S2) dated 26.7.2007 and communications dated 23.11.2007, 27.12.2010, 17.5.2011, 05.9.2011, 19.9.2011, 7.10.2011 and 28.11.2011.
2. The petitioners were appointed as Tailoring Instructors and their appointments were approved by the Joint Director of Employment and Training vide Order IS2/8573/99 dated 03.03.2000, but the monetary and service benefits have been withheld on the ground that these shall be released only after the institution is declared as minority institution by the Government.
3. The Church of South India, Tirunelveli Diocesan Trust Association since 18th Century established several institutions and has been administering them for benefit of the Christian Community although members of other religion are also admitted. The Art Industrial School is one charitable free school established in the year 1919, to give skill training to less educated and economically weaker students who are unable to pursue higher studies in colleges etc.,. The school is recognised approved aided schools. The posts of instructors in tool and die making, turner, fitter, fitting and blacksmith, carpentry and casinet making and tailoring are approved. Besides the posts of institution following posts are also approved i.e. 1. Junior Assistant, 1. Store Keep, 1 Office Assistant, 1 Workshop Assistant, 1 Watchman, 1 Sweeper in the non-teaching category.
4. The Church of South India Tirunelveli Dioceasan Trust Association and all its institutions have been declared as religious minority institutions by this Court in W.P.No.294 of 1975 vide judgement vide judgement dated 17.12.1975 and the petitioner school was declared minority institution by this Court in W.P.No.294 of 1975 vide judgement dated 17.12.1975 and the petitioner school was declared minority institution by the District Munsif Court, Srivaikuntam in O.S.No.334 of 1993 decided on 22.3.1995. Due to bifurcation of Tirunelveli District into Tirunelveli and Tuticorin District, the Tirunelveli Diocese also got bifurcated into Tirunelveli Diocese and Tuticorin Diocese in the year 2003. The schools are administrated by respective Diocese in their districts.
5. The Director of Collegiate vide Order Na.Ka.No.37010/F1/98 dated 21.12.1998 and the Director of School Education vide order Na.Ka.No.72967/98/04 dated 5.11.2004 have recognised the minority status of institutions belonging to the Diocese.
6. The Government of Tamil Nadu vide Order Na.Ka.No.Tha.Pa.2/12541/98-1 dated 23.11.2007, G.O.Ms.No.159 dated 26.7.2007 followed by G.O.MS.No.270 Education, dated 17.6.1998 and G.O.Ms.No.375 Education, dated 12.10.1998 directed the Petitioner No.1 to get fresh order of minority status.
7. This Court declared G.O.Ms.No.270 Education dated 17.6.1998 to be illegal being not acceptable to the already declared institutions, on the same analogy, impugned G.O.Ms.No.159 dated 26.6.2007 is also illegal and not binding on the petitioners. The order refusing salary to institutors duly approved, therefore, being illegal also cannot be sustained in law.
8. The impugned order is also violative of Code of Regulations for Industrial Schools, Chapter I and Chapter V, which are binding on the respondents. There is no condition that in absence of minority status, the salary to approved teacher is not to be released. Clause 6 of the Code reads as under:-
"6. Grants will be given impartially and without reference to religious instructions to all schools which impart sound technical instruction, subject to the conditions hereinafter specified and with the due consideration of the requirements of each locality and of each institution and of the funds available, provided that grants shall be withheld from institutions which refuse admission to any pupil merely on the ground of caste or community to which he or she belongs provided also that no grant of any kind shall be paid to a new institution or in respect of a new department or course in an existing institution which has been opened without the previous consent of the Director.
(a) The Director reserves to himself, anything in the rules of this Code notwithstanding the right to refuse or to withdraw any grant at his entire discretion.
(b) Grants will not be paid to an institution if manager or any of the teachers, employed by him take part in political agitation directed against the authority of Government or inculcates opinions tending to exite feelings of disloyalty to the State or disaffection among the pupils.
(c) Payments of all grants will be subject to audit and in the event of an objection being upheld, the management concerned may be called upon to refund the amount paid on such portion of it as the Director may decide. Such refund may be made either by adjustment in any other grant payable to the school or in such other manner as the Director may see fit.
(d) The Director shall have power to refuse grants to an institution which directly or indirectly encourages propaganda calculated to bring into hatred, ridicule or contempt, the belief and practices of any religion."
9. On consideration, this Court feels that all the writ petitions deserve to be allowed in view of the law laid down by two Division Bench judgement of this Court in Thirumuruga Kirupananda Variayr Thavathiru Sundara Swamigal Medical, Educational and Charitable Trust, Salem rep. by its Chairman versus State of Tamil Nadu and another (2001) 3 MLJ 5433 and the Secretary D.G.Vaishnav College Arunbakkam, Chennai and another versus Dr.T.Venkataraman and three others 2001 (4) CTC 641 holding that once a minority status was considered and approved, the institution cannot be called upon to seek fresh declaration of minority status from the State Government.
10. The learned Government Advocate opposes the writ petitions by contending that as G.O.Ms.No.270, Higher Education (J1) Department dated 17.6.1998 has not been withdrawn by the State Government, therefore, petitioners being bound by the G.O.Ms.No.270 are bound to get a fresh order of minority status. This contention is not only misconceived but also contemptuous. Once a declaration is made by this Court declaring Government Order to be bad, it ceases to have any force irrespective of the fact whether the notification is withdrawn or not. The Government is bound by the orders passed by this Court which have attained finality.
11. Consequently, all the Writ petitions are allowed, impugned G.Os. are quashed and the prayer made in all these Writ Petitions is ordered as prayed for.
12. Connected Miscellaneous Petitions are closed. No costs.
asvm To
1.The Director of Employment and Training, Industrial Estate, Guindy, Chennai - 600 032.
2.The Joint Director of Employment and Training, Industrial Estate, Guindy, Chennai - 600 032.
3.The Secretary, The Government of Tamilnadu, Labour and Employment Department, Fort St.George, Chennai - 600009.