[Cites 3, Cited by 0]
Madras High Court
Annai Khadeeja Arts & Science College ... vs The Principal Secretary on 9 January, 2026
WP No.19837 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2026
CORAM
THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA,
CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE G.ARUL MURUGAN
WP No.19837 of 2023
Annai Khadeeja Arts & Science College for Woman,
(Founded and Manged by the Tamil Nadu Muslim Educational Trust)
rep. By its Founder & Managing Trustee,
M.H.Mohamed Saleem : Petitioner
versus
1.The Principal Secretary,
Department of Higher Education,
Secretariat, Chennai
2.The Regional Joint Director,
Directorate of Collegiate Education,
Trichirapalli
3.The National Commission for Minority Educational Institutions,
Gate No.4, 1st Floor, Jeevan Tara Building,
5, Sansad Marg, Patel Chowk,
New Delhi 110001
(R-3 impleaded as per order dated 05.10.2023
in WP No.19837/2023) : Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus calling for the records
culminating in the Order No. 172 dated 01/06/2023 and quash the same and
direct the 1st Respondent to accommodate reasonable opportunity to the
Petitioner in nature of a personal hearing.
Page 1 of 4
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WP No.19837 of 2023
For Petitioner : Mr.Mohamed Sajid
For Respondents : Mr.M.Suresh Kumar
Additional Advocate General
Assisted By Mr.A.Selvendran
Special Government Pleader
for respondents.
Mr.S.Abubackder Sidhic
For Intervenor.
ORDER
(Order of the Court was made
by the Hon'ble Chief Justice)
This petition has been filed by the petitioner institution
challenging the order appointing a Special Officer vide impugned order
dated 01.06.2023, mainly on the ground that the appointment of the
Special Officer is done in the exercise of powers under Section 14A of
the Tamil Nadu Recognised Private Colleges (Regulation) Act, 1976
which has already been held to be inapplicable to a minority
institution. Petitioner institution’s status as a minority institution has
not been disputed by the respondents.
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2. We have gone through the order dated 12.08.1991 passed by
this Court in the case of Society of the Brothers of the Sacred Heart of
Jesus and others. vs. State of Tamil Nadu and ors.
(Manu/TN/0680/1991) wherein it has been clearly held that the
provisions of Sections 14A and 14B of the Tamil Nadu Recognised
Private Colleges (Regulation) Act, 1976 are not applicable to a minority
educational institution. There are many other judgments on the same
lines which need not be referred to.
3. As the reply filed by the respondents do not dispute the
minority status of the petitioner institution, the aforesaid judgment
directly applies to the case of the petitioner institution. Consequently,
the impugned order is held to be without the authority of law and
therefore, the same is quashed.
4. The petition stands allowed. There will be no order as to
costs. Consequently, WMP Nos.19178 and 19180 of 2023 are closed.
(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.)
09.01.2026
tar
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THE HON'BLE CHIEF JUSTICE
AND
G.ARUL MURUGAN, J.
(tar)
To
1.The Principal Secretary,
Department of Higher Education,
Secretariat, Chennai
2.The Regional Joint Director,
Directorate of Collegiate Education,
Trichirapalli
3.The National Commission for Minority Educational Institutions,
Gate No.4, 1st Floor, Jeevan Tara Building,
5, Sansad Marg, Patel Chowk,
New Delhi 110001
09.01.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 03:52:30 pm )
