Managing Trustee Cum President v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2018 CORAM :
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.6115 of 2018 and W.M.P(MD)No.5959 of 2018 Managing Trustee cum President Amala Province Charitable Trust Vengangudi Pallam, Pallividai Post, Samayapuram 621 112, Tirunelveli District.
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Petitioner Vs.
1. The State of Tamil Nadu, Rep by its Secretary, Department of Higher Education, Fort St., George, Chennai 600 006.
2. The Director of Collegiate Education, College Road, Chennai 600 006.
3. The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli, Tirunelveli District 627 007.
4. Manonmaniam Sundaranar University, Rep by its Registrar, Abishekapatti Tirunelveli, Tirunelveli District.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 1st respondent State Government to consider and pass orders forthwith on the petitioners application to it dated 03/03/2018 for recognising the status of the petitioner as a Christian Religious Minority Educational Agency for running the proposed college namely St.Thersa college of women Mangalakuntu post Vilavancode KK District.
For Petitioner : Ms.V.Viswatha for M/s.Isaac Chambers For Respondents 1-3 : Mr.M.Rajarajan, Government Advocate For 4th Respondent : Mr.Mohammed Athif Standing Counsel
ORDER
This writ petition has been filed seeking direction to the first respondent to consider and pass orders forthwith on the
petitioner's application dated 03.03.2018 for recognising the status of the petitioner as a Christian Religious Minority Educational Agency for running the proposed college namely, St.Thersa College for Women Mangalakuntu Post, Vilavancode, Kanyakumar District.
2.According to the petitioner, the petitioner has created a trust in the year 2014 with an object to establish, administer and maintain educational instructions of all types for the social and educational advancement of the people more particularly for the welfare of the people belonging to the Christian community. Therefore, the trust decided to start Arts and Science College for Women in the name and style of St.,Teresa College for Women for which the petitioner has filed an application before the respondents seeking conferment of minority status to the petitioner's trust. The said application has been rejected by the Government by an order dated 13.04.
2016 stating that minority status can be conferred only to the educational institutions already established by the minority and continuously administered by the members of the minority and not to any trust which proposed to start any college. Thereafter, the petitioner has constructed a college and also got affiliation from the fourth respondent university. After getting affiliation from the fourth respondent university, now, the petitioner has once again submitted an application, dated 03.03.2018 seeking conferment of minority status to the petitioner's college before the first respondent. Since no order has been passed so far, the present writ petition has been filed.
3.Considering the facts and circumstances of the case, this Court without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 03.03.2018 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
4.With the above direction, the writ petition is disposed of. No costs. Consequently, W.M.P(MD)No.5959 of 2018 is closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To
1. The Secretary, State of Tamil Nadu, Department of Higher Education, Fort St., George, Chennai 600 006.
2. The Director of Collegiate Education, College Road, Chennai 600 006.
3. The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli, Tirunelveli District 627 007.
+1cc to Spl.Government Pleader Sr.No.57606 +1cc to M/s.Isaac Chambers Sr.No.57583 +1cc to M/s.Ajmal Associates, Sr.No.57179 SMS VB/SKN/RSK/SAR4/12.04.2018/3P/7C Writ Petition (MD) No.6115 of 2018 and W.M.P(MD)No.5959 of 2018 22.03.2018