Madras High Court
The Correspondent vs The State Of Tamilnadu on 13 June, 2022
W.P.(MD).No.3810 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.06.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD).No.3810 of 2012
and
M.P.(MD)No.2 of 2012
The Correspondent,
St.Joseph's Matric. Hr.Sec.School,
Nagercoil -629 001,
Kanyakumari District. ... Petitioner
Vs.
1.The State of Tamilnadu,
represnted by its Secretary,
Department of School Education,
Fort St.George, Chennai - 600 009.
2.The Director of Matriculation Schools,
College Road, Chennai- 600 006. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records relating to the impugned proceedings issued by the
2nd respondent Director of Matriculation Schools, vide proceedings
Na.Ka.No.4844/A4/11, dated 17.11.2011, to quash the same and further,
to direct the 1st respondent Secretary to forthwith pass orders recognizing
the status of the petitioner's school namely, St.Joseph's Matriculation
1/6
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W.P.(MD).No.3810 of 2012
Higher Secondary School, Nagercoil, Kanyakumari District, as a
Christian Religious Minority Educational Institution.
For Petitioner : Mr.S.C.Isaac Mohanlal
for Mr.K.Ragatheesh Kumar
For Respondents : Mr.V.Nirmalkumar
Government Advocate
*****
ORDER
The present Writ Petition has been filed challenging the order
passed by the second respondent under which the request of the
petitioner School for declaration as a minority institution has been
rejected on the ground that the petitioner institution has not satisfied the
eligibility criteria as found in G.O.Ms.No.375 (School Education -XI),
dated 12.10.1998 and the G.O.Ms.No.214 (School Education -X2), dated
03.11.2008.
2.The learned Senior Counsel appearing for the writ petitioner
pointed out that though both these G.O.s has been referred to the
impugned order, the third respondent has not specifically mentioned
what are all the qualifications, eligibility criteria that has not been
fulfilled by the petitioner institution. The learned Senior Counsel
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W.P.(MD).No.3810 of 2012
appearing for the petitioner brought to the notice of the Court that after
the enactment of National Commission for Minority Educational
Institutions Act, 2004, only those institutions which are in the pre-
establishment stage have to approach the State Government or the
Central Government for getting their permission to start the institution as
a minority institution. As far as the present petitioner institution is
concerned, this was started in the year 1981, as Pre-Primary School and it
was upgraded as a fulfledged School in 1991. Hence, it is evident that
when the petitioner institution approached the second respondent to get
declaration of their minority status in the year 2011, it was an already
established institution. He further, pointed out that as per Section 11 of
the National Commission for Minortity Educational Institutions Act,
2004, the Commission is having the original authority for already
established institutions for conferment of minority status for the
educational institutions.
3.The learned Senior Counsel appearing for the petitioner also
brought to the notice of this Court a judgment reported in (2018) 6 SCC
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W.P.(MD).No.3810 of 2012
772. The relevant portion of the judgment is extracted here under:
“28.This judgment unequivocally holds that, insofar as
existing minority institutions are concered, Section 11(f) clearly
confers jurisdiction on NCMEI to issue a certificate regarding
the status of the minority educational institution. We respectfully
concur with the aforesaid view.”
4.In the present case, the petitioner institution being a established
institution, the Commission has exercised its powers as original authority
and has granted minority status to the petitioner institution, vide order,
dated 20.05.2014, and a certificate to the said fact has also been issued.
In such circumstances, the order passed by the second respondent is
completely without jurisdiction. The petitioner institution being declared
as minority institution by the Statutory Commission, the State
Government can no longer call upon the writ petitioner institutions, to
prove their minority status.
5.With the above said observation, the Writ Petition is allowed.
No costs. Consequently, connected miscellaneous petition is closed.
13.06.2022
Index : Yes / No
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W.P.(MD).No.3810 of 2012
Internet : Yes / No
Tmg
Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate /
litigant concerned.
To
1.The Secretary,
Government of Tamil Nadu,
Department of School Education,
Fort St.George, Chennai - 600 009.
2.The Director of Matriculation Schools,
College Road, Chennai- 600 006.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.3810 of 2012
R.VIJAYAKUMAR ,J.
Tmg
Order made in
W.P.(MD).No.3810 of 2012
13.06.2022
https://www.mhc.tn.gov.in/judis
