Madras High Court
Devanga Arts College vs The State Of Tamil Nadu on 15 November, 2022
W.P(MD)No.4464 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.11.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.4464 of 2015
and
M.P(MD)No.1 of 2015
Devanga Arts College,
Represented by its Secretary,
Aruppukkottai,
Virudhunagar District. ... Petitioner
Vs.
1.The State of Tamil Nadu,
Represented by its Secretary,
Higher Education (E1) Department,
Fort St. George,
Chennai.
2.The Director of Collegiate Education,
Directorate of Collegiate Education,
9th Floor, E.V.K.Sampath Building,
College Road,
Chennai.
3.The Regional Joint Director of Collegiate Education,
D.No.30, Vaithianathiar Street,
Shenoy Nagar,
Madurai. ... Respondents
1/7
https://www.mhc.tn.gov.in/judis
W.P(MD)No.4464 of 2015
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, forbearing the
respondents from insisting for periodic renewal of the linguistic minority
status for the petitioner college and consequently direct the respondents
to treat the petitioner college as a Linguistic Minority Educational
Institution entitled to protection and Article 30(1) of the Constitution of
India, in light of the order made by the first respondent in G.O.Ms.No.
409, Higher Eduction Department, dated 29.12.2006 and G.O.Ms.No.253
Higher Education Department, dated 19.07.2007.
For Petitioner : M/s.A.Afritha Fathima
for M/s.Ajmal Associates
For Respondents : M/s.S.Kameswaran
Government Advocate
ORDER
The present Writ Petition has been filed for a Writ of Mandamus,
forbearing the respondents from insisting for periodic renewal of
linguistic minority status for the petitioner College and for a
consequential direction to the respondent to treat the writ petitioner
College as a Linguistic Minority Educational Institution entitled to the
Protection under Article 30(1) of the Constitution of India. Admittedly,
the petitioner College was founded, managed and administered by a
linguistic minority.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.4464 of 2015
2. The learned Counsel appearing for the petitioner submits that
every time, minority status is conferred upon the writ petitioner college,
only for a limited period and the respondent authorities are insisting for a
renewal periodically. Hence, the present Writ of Mandamus has been
filed.
3. The learned Counsel appearing for the petitioner brought to the
notice of the Court that the Hon'ble Division Bench judgment of this
Court reported in 2013 (8) MLJ page 509 (Secretary, Jeyaraj
Annapackiam College for Women (Autonomous), Managed by the
Congregation of the Sisters of St. Anne, Tiruchirappalli Vs. The State
of Tamil Nadu, Represented by its Secretary and Others) in paragraph
Nos.6 and 7 are extracted hereunder:
"6. The reason given by the learned Single Judge for
distinguishing the said judgment is that the matter is pending
before the Hon'ble Supreme Court regarding the issue of grant of
minority status to linguistic minorities. It is relevant to note
herein that the appellant College is a religious minority
institution, viz. Christian religion. It may be noted that Christians
are minorities not only throughout India but also in the State of
Tamil Nadu. The same is also made clear in the Government
https://www.mhc.tn.gov.in/judis
W.P(MD)No.4464 of 2015
Order issued in G.O.Ms.No.270, Higher Education (J1)
Department, dated 17.06.1998. In paragraph 8(vi), it is stated
that to decide whether an applicant is a minority or not based on
religion or language, the total population of that minority in the
State of Tamil Nadu shall be taken into consideration and not the
population of that minority in any particular region where the
educational institution is situated. Therefore, it is evident that the
impugned order restricting minority status which was upheld by
the learned Single Judge is without noticing the said guidelines
issued by the Government itself in G.O.Ms.No.270, Higher
Education (J1) Department, dated 17.06.1998. It is also to be
noted that the said Government Order, no where states that
minority status can be given to a limited period. The Government
is also not doubting the claim of minority status of the appellant-
College. Hence the order restricting the period is without any
rhyme or reason.
7. We are in entire agreement with the Division Bench
judgment of this Court reported in Thirumuruga Kirupananda
Variyar Thavathiru Sundara Swamigal, Medical, Educational
and Charitable Trust, Salem Vs. State of Tamil Nadu stated
supra. Accordingly, the order of the learned Single Judge is set
aside. The minority status given to the appellant will hold good
without any restriction period. However, if the respondents are
able to find any change in the constitution of educational agency
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W.P(MD)No.4464 of 2015
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."
4. In view of the above said Division Bench judgment, whenever a
minority status is conferred either upon a religious minority or upon a
linguistic minority, the status cannot be limited for a particular period.
The status will hold good unless some changes are effected in the
Educational Agency. Hence, the writ petition stands allowed in view of
the Division Bench judgment. However, in case, if there is any change in
the Educational Agency, the respondent authorities are at liberty to
initiate appropriate action.
5. With the above said observation, the writ petition stands
allowed. There shall be no order as to costs. Consequently, connected
Miscellaneous Petition stands closed.
15.11.2022
https://www.mhc.tn.gov.in/judis
W.P(MD)No.4464 of 2015
Index : Yes / No
Internet : Yes / No
btr
To
1.The Secretary,
The State of Tamil Nadu,
Higher Education (E1) Department,
Fort St. George,
Chennai.
2.The Director of Collegiate Education,
Directorate of Collegiate Education,
9th Floor, E.V.K.Sampath Building,
College Road,
Chennai.
3.The Regional Joint Director of Collegiate Education,
D.No.30, Vaithianathiar Street,
Shenoy Nagar,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.4464 of 2015
R.VIJAYAKUMAR, J.
btr
Order made in
W.P(MD)No.4464 of 2015
15.11.2022
https://www.mhc.tn.gov.in/judis
