Madras High Court
The Government Of Tamil Nadu vs Shri Shanthi Vijay Educational Trust on 6 July, 2022
Author: T.Raja
Bench: T.Raja
W.A.No.1866 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
AND
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.A.No.1866 of 2019
1. The Government of Tamil Nadu
rep. by its Secretary
School Education 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 .. Appellants
-vs-
Shri Shanthi Vijay Educational Trust
Jain Schools Association
represented by its Secretary, Lakshmichand Vaid
Popular Building, Commercial Road
Ootacamund, Nilgiris District
1/10
https://www.mhc.tn.gov.in/judis
W.A.No.1866 of 2019
(Substituted vide order of Court dated
6.7.2022 made in CMP No.10676 of 2022
in W.A.No.1866 of 2019) .. Respondent
Appeal filed under Clause 15 of the Letters Patent against the order
dated 28.08.2017 made in W.P.No.39787 of 2005.
For Appellants :: Mr.V.Manoharan
Additional Government Pleader
For Respondent :: Mrs.P.Mahalakshmi
JUDGMENT
(Judgment of the Court was made by T.RAJA, J.) The State has brought this appeal aggrieved by the impugned order dated 28.8.2017 passed by the learned single Judge in Writ Petition No.39787 of 2005, in and by which the learned single Judge, disagreeing with the approach adopted by the competent authority in granting minority status to the educational institution only for a limited period of one year, allowed the writ petition in favour of the respondent/writ petitioner.
2. It is the claim of the respondent/writ petitioner that the Jain Schools Association is a registered society under the Tamil Nadu Societies Registration Act, 1975 bearing Regn.No.40/90 and all the members of the 2/10 https://www.mhc.tn.gov.in/judis W.A.No.1866 of 2019 Association are from Jain community and are the followers and devotees of Guru Sri Shanthi Vijai Maharaj. As on date, the Association is administering and managing seven institutions in the District of Nilgiris, namely, (i) Sri Shanthi Vijay Girls Higher Secondary School, Ootacamund; (ii) Sri Shanthi Vijay Primary School, Ettines Road, Ootacamund; (iii) Sri Shanthi Vijay Nursery & Primary School, Ootacamund; (iv) Sri Shanthi Vijay Girls Higher Secondary School, Coonoor; (v) Sri Shanthi Vijay Primary School, Mount Pleasant, Coonoor; (vi) Sri Shanthi Vijay Nursery & Primary School, Coonoor; (vii) Sri Shanthi Vijay Higher Secondary School, Masinagudi. The main objective and mission of the said educational agency is to impart education to the people belonging to socially and economically weaker section of the society, more particularly, to provide education to girl children. When the educational agency is founded and administered and continuously run by the Rajasthan Jains, a religious and linguistic minority not only in the State of Tamil Nadu, but in whole of India, and there is no change in the constitution of the Association till date, the schools run by the educational agency are entitled to continuous minority status as guaranteed under Article 30(1) of the Constitution of India. It is also stated that the 3/10 https://www.mhc.tn.gov.in/judis W.A.No.1866 of 2019 State Minority Commission, Government of Tamil Nadu, by letter dated 3.8.2003 addressed the first appellant informing that the Association is a religious agency and it is established and being administered by Jain Community people. Therefore, the first appellant in G.O.Ms.No.25, School Education Department dated 4.3.2005 granted minority status to the respondent Association as minority educational agency, however, restricted the period for one year only. Once the respondent had satisfied all the requirements for the grant of minority status and the appellants, after satisfying that the respondent Association is a linguistic and religious minority, have also granted the minority status to the schools run by the educational agency, they cannot restrict the minority status for a particular period, as there is no change in the membership of the society and the constitution of the educational agency and its objects. Therefore, challenging the restriction of minority status for a period of one year, the respondent filed the writ petition and when the matter was taken up, the learned single Judge, accepting the case of the writ petitioner, on the basis of the rulings given by the Division Bench of this Court in Thirumuruga Kirupanandavariyar Thavathiru Sundara Swamigal Medical Educational 4/10 https://www.mhc.tn.gov.in/judis W.A.No.1866 of 2019 and Charitable Trust, Salem v. State of Tamil Nadu, 2001 (3) MLJ 433; C.S.I. Institute of Technology, Thovalai represented by its Secretary P.Dharmaraj v. The Government of Tamil Nadu represented by its Secretary, Higher Education Department, 2004 Writ L.R.202 and another order of this Court in W.P.No.18318 of 2009 dated 24.07.2017 (Church of South India Trust Association v. The Government of Tamil Nadu and others), allowed the writ petition, as against which the present appeal has been filed.
3. We have heard Mr.V.Manoharan, learned Additional Government Pleader appearing for the appellants.
4. When the Division Bench in Thirumuruga Kirupanandavariyar Thavathiru Sundara Swamigal Medical Educational and Charitable Trust, Salem v. State of Tamil Nadu, 2001 (3) MLJ 433 has already held that the minority status once granted need not be renewed periodically like a driving licence and once the Government, after satisfaction, granted declaration, the same would hold permanently, in the case on hand, when the 5/10 https://www.mhc.tn.gov.in/judis W.A.No.1866 of 2019 respondent/writ petitioner is running seven schools under one educational agency as religious and linguistic minority association, neither the appellants can single out any school for the grant of permanent minority status nor can restrict the period of minority status, in the light of the settled legal position. Recently, in the case of State of Tamil Nadu represented by its Principal Secretary v. Syed Ammal Engineering College represented by its Administrative Officer, 2020 SCC Online Mad 13411, while considering a similar issue, namely, can the status of recognition be limited by prescribing a tenure of five years to the validity of the certificate, answering the same in the negative, the Division Bench, in paragraph-25, has held as follows:-
“25. It has to be kept in mind that in such matters, one is dealing with fundamental rights guaranteed under Part III and not with a lease or a licence or a privilege at the pleasure of the Government. A periodical renewal of a Certificate by limiting its validity may not be necessary for an existing status of minority protected as a fundamental right under Art.30 of the Constitution of India, it is not something akin to the extension of a beneficial social scheme which may require a periodical physical verification of the living status of a human 6/10 https://www.mhc.tn.gov.in/judis W.A.No.1866 of 2019 being or like renewal of a gun licence which is also a privilege, or in the like manner a driving licence. The principles of administrative law, therefore, while being pressed into service, in the mechanism of granting of certificates and its continuance or otherwise have to be subservient to the constitutional mandate preserved under Art.30 of the Constitution of India.”
5. In our considered opinion, once an educational institution satisfies that it attains minority status, such a minority status certificate issued cannot be subjected to five years or ten years restriction period. Yet another Division Bench of this Court in its order dated 11.09.2017 passed in W.A.No.1130 of 2013 (The State of Tamil Nadu represented by its Secretary, Department of Higher Education and another v. The Secretary/Correspondent, Loyola College (Autonomous), Chennai and another) has held that the minority status given to the institution will hold good without any restriction period. However, if the authorities are able to find any change in the constitution of educational agency or if the institution is run contrary to the Memorandum of Association/Bye-laws of the Society, 7/10 https://www.mhc.tn.gov.in/judis W.A.No.1866 of 2019 it is open to the Government to issue notice and take appropriate decision in accordance with law. We see no reason to differ from the view taken by the Coordinate Bench and finding ourselves in agreement with the same, we find no merits in the appeal filed by the State.
6. Therefore, in the light of above, when the issue is no longer res integra, the writ appeal filed by the State is dismissed, confirming the order passed by the learned single Judge. Consequently, C.M.P.No.12607 of 2019 is also dismissed. However, there is no order as to costs.
Speaking/Non speaking order (T.R.,J.) (K.B.,J.) Index : yes/no 06.07.2022 ss To
1. The Secretary to Government School Education Department Chennai 600 009
2. The Director of School Education College Road, Chennai 600 006
3. The Chief Educational Officer Nilgiris District at Ootacamund 8/10 https://www.mhc.tn.gov.in/judis W.A.No.1866 of 2019
4. District Educational Officer Coonoor, The Nilgiris District
5. The District Elementary Educational Officer Coonoor 9/10 https://www.mhc.tn.gov.in/judis W.A.No.1866 of 2019 T.RAJA, J.
and K.KUMARESH BABU, J.
ss W.A.No.1866 of 2019 06.07.2022 10/10 https://www.mhc.tn.gov.in/judis