Madras High Court
The Government Of Tamil Nadu vs The Church Of South India on 6 July, 2022
W.A.No.899 of 2021
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.899 of 2021
1. The Government of Tamil Nadu
rep. by its Secretary
Department of School Education
Fort St.George
Chennai 600 009
2. The Director of School Education
DPI Campus, College Road
Chennai 600 006
3. The Director of Elementary Education
DPI Campus, College Road
Chennai 600 006
4. The Director of Matriculation Schools
DPI Campus, College Road
Chennai 600 006
5. The Director of Teacher Education and
Research and Training
DPI Campus, College Road
Chennai 600 006 .. Appellants
-vs-
1/9
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W.A.No.899 of 2021
The Church of South India
Trust Association rep by Most
Rev.Dr.V.Devasahayam
Bishop in Madras Diocese
No.226, Cathedral Road
Chennai 600 086 .. Respondent
Appeal filed under Clause 15 of the Letters Patent against the order
dated 24.07.2017 made in W.P.No.18318 of 2009.
For Appellants :: Mr.V.Manoharan
Additional Government Pleader
For Respondent :: Fr.A.Xavier Arulraj
Senior Counsel for
Sr.A.Arul Mary
JUDGMENT
(Judgment of the Court was made by T.RAJA, J.)
The State has brought this appeal aggrieved by the impugned order
dated 24.7.2017 passed by the learned single Judge in Writ Petition
No.18318 of 2009, in and by which the learned single Judge, disagreeing
with the approach adopted by the competent authority in granting minority
status to the educational institutions run by the writ petitioner only for a
limited period of five years, allowed the writ petition in favour of the
respondent/writ petitioner.
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W.A.No.899 of 2021
2. It is the claim of the respondent/writ petitioner that the Church of
South India Trust Association is a religious charitable organization and a
registered Corporation bearing Regn.No.112/1947-48 constituted under the
Indian Companies Act, 1956. The said Church of South India Trust
Association is running educational institutions like schools, colleges, schools
for the deaf and dumb, Teacher Training Institutes, B.Ed. Colleges etc. The
avowed objective of the Church of South India Trust Association is to
protect and promote the rights of the minority educational institutions as
enshrined under Article 30(1) of the Constitution of India and invariably all
the educational institutions under the Church of South India Trust
Association are strictly religious minority educational institutions. It is also
stated that most of the children studying in the institutions run by the writ
petitioner educational agency, hail from Scheduled Castes/Scheduled Tribes
and the Backward Classes, as most of the institutions are located in the
villages and in rural areas. Since all the educational institutions of the writ
petitioner Association are established and administered not by individual
Christians, but officially by the Church of South India for that purpose, there
is no dispute in respect of their minority religious character. While so, the
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W.A.No.899 of 2021
first appellant issued G.O.Ms.No.214, School Education (X2) Department
dated 3.11.2008 restricting the conferment of minority status to the
institutions run by the writ petitioner educational agency for a period of five
years. Once the writ petitioner 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 institutions run by the educational agency,
they cannot restrict the minority status for a particular period, as there is no
change in the constitution of the educational agency and its objects.
Therefore, challenging the above Government Order restricting the minority
status for a period of five years, 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 ruling given by the Division Bench
of this Court in Thirumuruga Kirupanandavariyar Thavathiru Sundara
Swamigal Medical Educational and Charitable Trust, Salem v. State of
Tamil Nadu, 2001 (3) MLJ 433, allowed the writ petition, as against which
the present appeal has been filed.
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W.A.No.899 of 2021
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
respondent/writ petitioner is running several institutions under one
educational agency as religious and linguistic minority association, neither
the appellants can single out any institution 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, Department of Higher Education
v. Syed Ammal Engineering College represented by its Administrative
Officer, (2020) 6 MLJ 357, while considering a similar issue, namely, can
the status of recognition be limited by prescribing a tenure of five years to
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W.A.No.899 of 2021
the validity of the certificate, answering the same in the negative, the
Division Bench, in paragraph-24, has held as follows:-
“24. 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
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
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W.A.No.899 of 2021
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,
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.5265 of 2021
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W.A.No.899 of 2021
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
Department of School Education
Fort St.George
Chennai 600 009
2. The Director of School Education
DPI Campus, College Road
Chennai 600 006
3. The Director of Elementary Education
DPI Campus, College Road
Chennai 600 006
4. The Director of Matriculation Schools
DPI Campus, College Road
Chennai 600 006
5. The Director of Teacher Education and
Research and Training
DPI Campus, College Road
Chennai 600 006
https://www.mhc.tn.gov.in/judis
W.A.No.899 of 2021
T.RAJA, J.
and
K.KUMARESH BABU, J.
ss
W.A.No.899 of 2021
06.07.2022
https://www.mhc.tn.gov.in/judis
