Islamia Aided Elementary v. State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.12.2021 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.1497 of 2012 and M.P.Nos.1 of 2012 and 1 of 2014 Islamia Aided Elementary School Rep. by its Correspondent, S.Tajudeen Kadathur Road Kaniyur Tirupur District ... Petitioner Vs.
1.State of Tamil Nadu represented by Secretary to Government, Education Department, Fort St. George, Chennai-600 009.
2.The Director - Elementary Education Directorate of Elementary Education Chennai - 600 006 3.District Elementary Educational Officer Tirupur District 4.Assistant Elementary Educational Officer Madathukulam Tirupur District
...Respondents
Prayer :
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the third respondent under the proceedings in Na Ka No.1918/ A4/2011 dated 26.09.2011 and the consequential orders under No.1663/ A1/2011 dated 09.11.2011 and Na.Ka.No.1918/ A4/2011 dated 02.01.2012 of the third respondent and quash the same and consequently direct the respondents to allow the petitioner to enjoy the status of Minority institution till such time the petitioner institution appropriate orders are passed on the representation of the petitioner dated 20.12.2011 made to the third respondent.
For Petitioner : Mrs.P.V.Rajeswari For Respondents : Mr.M.S.Arasakumar Government Advocate
O R D E R
The relief sought for in the present writ petition is to quash the proceedings of the third respondent and to direct the respondents to allow the petitioner to enjoy the status of Minority Institution till the appropriate orders are passed on the representation of the petitioner.
2. The order impugned dated 26.09.2011 was issued by the 3rd respondent District Elementary Educational Officer stating that the petitioner has not obtained minority status from the competent authority. In this regard the Government of Tamil Nadu passed an order in G.O.Ms.No.375 on 12.10.1998 and G.O.Ms.No.214 on 03.01.2008 School Education Department for the purpose of according minority status of the Educational Institutions run by the minorities. Therefore, all the institutions willing to seek minority status are bound to submit all respective applications along with the details and documents before the competent Committee constituted by the Government of Tamil Nadu for the purpose of taking a decision.
3. In view of the policy decision taken by the Government and constituting a Committee, the petitioner is at liberty to file an application afresh before the competent Committee for the purpose of considering the case of the petitioner on merits and in accordance with law. In the event of filing any such application in the prescribed format along with all relevant documents, the case of the petitioner has to be considered on merits and in accordance with law as expeditiously as possible.
4. With these directions, the Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar
Jeni/Cse To 1.The Secretary to Government, State of Tamil Nadu represented by Education Department, Fort St. George, Chennai-600 009.
2.The Director - Elementary Education, Directorate of Elementary Education, Chennai - 600 006.
3.The District Elementary Educational Officer, Tirupur District.
4.The Assistant Elementary Educational Officer, Madathukulam, Tirupur District.
+1cc to the Government Pleader, SR.No.67538 W.P.No.1497 of 2012 RLD(CO) CB(04/01/2022)