The Secretary v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.11692 & 11694 of 2021 The Secretary, Sacred Heart Arts and Science College, Perani, Tindivanam Taluk, Villupuram District - 605 651.

... Petitioner -Vs -

1. The State of Tamil Nadu Rep. by its Principal Secretary, Department of Higher Education, Fort St. George,

2. The Director of Collegiate Education, College Road,

3. The Joint Director of Collegiate Education, Vellore Region, Vellore District - 635 006.

4. The Thiruvalluvar University, Rep. by its Registrar, Serkkadu, Vellore, Vellore District - 632 115.

... Respondents

Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the impugned order issued by the first respondent State Government in G.O.(Ms.)No.257, Higher Education (E1) Department dated 31.08.2017, quash the same, insofar as it restricts the status of the petitioner college as a Christian Minority Educational Institution to a limited period of five years from 2017-2018 to 2021-22.

For Petitioner : Mr.Godson Swaminath For M/s.Isaac Chambers For Respondents For R1 to R3 : Mr.R.Neethi Perumal Government Advocate

ORDER

This writ petition has been filed challenging order dated 31.08.2017, passed by the first respondent, thereby restricting minority status of the petitioner institution for a limited period of five years from 2017-2018 to 2021-22.

2.

This issue is no longer res integra. The Division Bench of this Court in the State of Tamil Nadu Vs. Secretary/ Correspondent, Loyola College (Autonomous) has held that such restriction cannot be made and the minority status given to a minority Institution will hold good without any restriction of period. The Division Bench has also

reserved liberty to the Government to proceed if it finds that there is any change in the constitution of the Educational Agency or if the Institution is run contra to the memorandum of Association/Bye-law of the State. There are other decisions of this Court taking a similar view. To quote one is Secretary, Jeyaraj Annapackiam College for Women Vs. State of Tamil Nadu reported in 2013 (8) MLJ 509.

3.

In view of the above binding judicial pronouncements of this Court, the Writ Petition stands allowed. Consequently, connected miscellaneous petition is closed. There shall be no orders as to costs. 10.06.2024 Index : Yes/No Speaking/Non Speaking order rts To

1. The Principal Secretary, State of Tamil Nadu, Department of Higher Education, Fort St. George,

G.K.ILANTHIRAIYAN. J, rts

2. The Director of Collegiate Education, College Road,

3. The Joint Director of Collegiate Education, Vellore Region, Vellore District - 635 006.

4. The Thiruvalluvar University, Rep. by its Registrar, Serkkadu, Vellore, Vellore District - 632 115.

W.P.No.11047 of 2021 and W.M.P.Nos.11692 & 11694 of 2021 10.06.2024