The Madras High Court has reiterated that the State Government has no power to regulate or carve out certain seats under Govt. quota and that conferment of the minority status upon an educational institution was solely dependent upon the religion of the founders and management and student religion.
Brief Facts of the Case:
According to the writ petition filed, the petitioners were running an Arts and Science College which was funded by a trust and as per the petitioners, the institute was an unaided minority educational institution. The petitioners urged for conferment of religious minority status but it was declined on the grounds that the petitioner had admitted minority students exceeding 50% during the academic year 2009-2010, 2011-2012 and 2012-2013. This order was challenged through a writ petition.
Contentions of the Appellants:
The counsel for the petitioners maintained that the institution was unaided minority institute and the vested trustee belonged to the Roman Catholic order of the Christian Religion which formed a religious minority in the state of Tamil Nadu. Furthermore, the Government Order which is argued to not have been followed by the Institution, dated much prior to two landmark judgments- TMA Pai Foundation and others Vs. State of Karnataka and others and P.A.Inamdar and others Vs. State of Maharashtra and others. The said judgments pointed out that an unaided minority undergraduate college enjoys more freedom in relation to admission of the students. Therefore, the said G.O. could no longer be pressed into the service after the authoritative pronouncement of the Hon'ble Supreme Court.
Contentions of the Respondents:
The counsel for respondents insisted that the Government Order specifically referred to the orders passed by the Hon'ble Supreme Court under which it was held that the State Government can verify and determine the minority status of the educational institution. It was further contended that only in order to preserve the minority status of the educational institution, it had been made clear that they had to compulsorily admit 50% of the students from the minority community and the rest of the students were to be admitted under the Government quota following the reservation policy and thus, in order to preserve the minority status of the institution it had been insisted that the students from the minority religion should not exceed 50% of the sanctioned strength.
Observations of the Court:
The Court reiterated that the State enjoys no power to impose any quota or percentage of admission in a minority or even a non-minority unaided educational institute. The petitioner institute is a non-professional institution and hence, the same cannot be regulated by the State or University except providing criteria for qualification of minimum condition of eligibility for the interest of the academic standards. It was held that the Government Order in question could not supersede the earlier judgments given by the Supreme Court. Furthermore, the conferment of the minority status upon an educational institution was solely dependent upon the religion of the persons who are the founders and who are in management of the said institution. Thus, fixation of the maximum number of students to be admitted from the said minority community as a criteria for conferment of minority status upon an educational institution was held to be legally unsustainable.
Decision of the Court:
A direction to confer minority status to the petitioner college was given and the impugned order was set aside.
Case Title: The Secretary vs. The State of Tamil Nadu
Case No.: W.P(MD).No.5178 of 2014
Coram: Hon'able Mr.Justice R.Vijayakumar
Advocates for Petitioner: Mr.Isaac Mohanlal (Senior Counsel)
Advocates for Respondent: Mr.Veera.Kathiravan Additional Advocate General Assisted by Mr.S.Kameswaran Government Advocate, Mr.K.Sathya Singh
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