Madras High Court
Servite College Of Nursing vs The Government Of Tamil Nadu on 23 November, 2023
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.(MD)No.16841 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.11.2023
CO RAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.16841 of 2020
and
W.M.P.(MD)No.14067 of 2020
Servite College of Nursing,
Represented by its Secretary,
Manikandam Post,
Edamalaipatty Pudur Via,
Trichirappalli - 620 012. ... Petitioner
-vs-
1.The Government of Tamil Nadu,
Represented by its Principal Secretary,
Department of Health and Family Welfare,
Fort. St. George, Chennai - 600 009.
2.The Director of Medical Education,
162, Periyar EVR High Road, Kilpauk,
Chennai - 600 010.
3.The Registrar,
The Tamil Nadu Dr.MGR Medical University,
69, Anna Salai, Guindy, Chennai - 600 032.
4.National Commission For Minority Educational Institutions,
Represented by its Secretary,
Gate No.4, First Floor, Jeevan Tara Building,
5, Sansad Marg, Patel Chowk, New Delhi – 110 001. ... Respondents
1/9
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.16841 of 2020
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorarified Mandamus, calling for the records pertaining
to the impugned communication, dated 31.10.2020, in R.C.No.Affln.VI
(2)/62309/2016, on the file of the third respondent, insofar as directing the
petitioner College to submit the status of minority issued by the Health and
Family Welfare Department, Chennai - 600 009, quash the same, directing the
respondents to accept the certificate of minority status of the petitioner
College, dated 14.07.2017, in Case No.1009 of 2016, issued by the National
Commission for Minority Educational Institutions.
For Petitioner : Fr.V.John Kennedy
for M/s.Father Xavier Associates
For R1 and R2 : Mr.P.Thambidurai
Government Advocate
For R3 : Mr.A.S.Vaigunth
Standing Counsel
For R4 : Mr.V.Malaiyendran
Central Government Standing Counsel
ORDER
This Writ Petition has been filed challenging the impugned
communication, dated 31.10.2020, issued by the third respondent, insofar as
directing the petitioner College to submit the minority status issued by the
Health and Family Welfare Department, Chennai, and to direct the
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respondents to accept the Certificate of Minority Status given to the
petitioner College, dated 14.07.2017, by the National Commission for
Minority Educational Institutions.
2. Heard the learned counsel appearing on behalf of the petitioner, the
learned Government Advocate appearing on behalf of the respondents 1 and
2, the learned Standing Counsel appearing on behalf of the third respondent
and the learned Central Government Standing Counsel appearing on behalf
of the fourth respondent.
3. The learned Standing Counsel appearing on behalf of the third
respondent submitted that the recognition has been renewed from time to
time till date.
4. The issue that is involved in the present Writ Petition is squarely
covered by the judgment of this Court in W.P.No.1806 of 2013, dated
25.07.2017 [Nirmalamatha Convent Matric Hr. Secondary School vs. The
Government of Tamil Nadu and others]. The relevant portions in the
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judgment are extracted hereunder:-
''5.The only issue to be decided in this writ petition is whether
the State Government has got the power and authority to impose a
condition on the petitioner school, which is a minority institution to
abide by the provisions of the RTE Act. The Honourable Supreme
Court in the judgment reported in 2014 6 SCC Pg.1 held that RTE
Act is not applicable to minority institutions. When the Apex Court
has already held that RTE Act is not applicable to minority
institutions, under Article 141 of the Constitution of India, the said
judgment is binding on the State Government. Therefore, the State
Government has got no power to impose such a condition contrary to
the judgment of the Honourable Apex Court.
6.With regard to the powers of the National Commission for
Minority Educational Institutions to grant minority status to
educational institutions is concerned, as rightly contended by the
learned Assistant Solicitor General, there are two provisions,
namely, Section 11(f) of The National Commission for Minority
Educational Institutions Act, 2004 and Section 12B(1) of the
Amended Act, which are extracted as follows:
"11. Functions of Commission:
...
(f) decide all questions relating to the status of any
institution as a Minority Educational Institution and declare
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its status as such;"
"12B. Power of the Commission to decide on the
minority status of an educational institution - (1) Without
prejudice to the provisions contained in the National
Commission for Minorities Act, 1992 (19 of 1992), where an
authority established by the Central Government or any State
Government, as the case may be, for grant of minority status
to any educational institution rejects the application for the
grant of such status, the aggrieved person may appeal against
such order of the authority to the Commission."
A perusal of the above provisions would, undoubtedly, make it
clear that under Section 11(f) of the said Act, the Commission has to
decide about the minority status of an educational institution as the
Original Authority. The powers conferred under Section 12B(1) of
the Amended Act is, as that of an Appellate Authority against the
order passed by the Central Government or State Government.
Therefore, the National Commission for Minority Educational
Institutions is clothed with the powers as an Original Authority as
well, as an Appellate Authority.
7.Though there are two contra judgments, one by the Division
Bench of Allahabad High Court in Special Appeal. No. 552/2015
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dated 26.11.2015, wherein it was held that the Commission has got
powers both as an Original Authority and as an Appellate Authority,
and another by the Division Bench of Calcutta High Court in FMA
No. 3579 of 2013 by order dated 13.07.2016, wherein it was held
that Commission has got only Appellate Jurisdiction and not
Original Jurisdiction, however, the issue was finally settled by the
Honourable Supreme Court in Governing Body of P.A.E.M College
and another V. State of Jharkhand and Others in Civil Appeal No.
3070 of 2004 dated 06.12.2012 wherein it was held that the
Commission has got powers both as Original and Appellate
Authority, namely, Sections 11(f) and 12B of the Act and concurred
with the judgment of the Allahabad High Court. Paragraph 6 of the
said judgment is extracted as follows:
"6.From the above provisions, it is clear that the
Commission has the power to decide all questions relating to
the status of any institution as minority educational
institution and declare its status as such. Moreover under
Section 12B, where an authority established by the Central
Government or any State Government has rejected the
application for grant of minority status to any educational
institution, the aggrieved person may appeal against such
order of the authority to the Commission. The provisions
contained in Section 11(f) of 2004 Act and Section 12B of the
Amendment Act are, thus, wholesome provisions for deciding
all questions relating to the status of any institution as
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minority educational institution and for declaration of such
status."
8.In view of the above settled position of law, the National
Commission for Minority Educational Institutions has got
jurisdiction and the petitioner's school having obtained minority
status from the said Commission is entitled to recognition without
being governed by the provisions of the RTE Act. Therefore, the
conditions, which have been prescribed by the authority, while
granting recognition/while extending recognition, that the
petitioner's school has to abide by the RTE Act, has to be set aside
and it is accordingly set aside. Accordingly, the writ petition is
allowed. No costs. Connected M.Ps are closed.''
5. It is clear from the above that is it only the National Commission for
Minority Educational Institutions, which has got the jurisdiction to confer
minority status and the petitioner has already obtained this status from the
Commission. In view of the same, it is not necessary for the petitioner to
obtain such a minority status every time from the State Government also.
The same should not be insisted by the third respondent University while
granting the renewal of recognition.
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6. This Writ Petition is accordingly allowed with the above directions.
No costs. Consequently, connected Miscellaneous Petition is closed.
NCC : Yes/No 23.11.2023
Index : Yes/No
To
1.The Principal Secretary,
Government of Tamil Nadu,
Department of Health and Family Welfare,
Fort. St. George, Chennai - 600 009.
2.The Director of Medical Education,
162, Periyar EVR High Road, Kilpauk,
Chennai - 600 010.
3.The Registrar,
The Tamil Nadu Dr.MGR Medical University,
69, Anna Salai, Guindy, Chennai - 600 032.
4.The Secretary,
National Commission For Minority Educational Institutions,
Gate No.4, First Floor, Jeevan Tara Building,
5, Sansad Marg, Patel Chowk, New Delhi – 110 001.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH, J.
smn2
and
23.11.2023
https://www.mhc.tn.gov.in/judis
