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Madras High CourtWP(MD)/8748/2019disposed of

Annai Educational And v. The State Of Tamil Nadu

2020-08-17Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.8748 of 2019 Annai Educational and Charitable Trust, Rep. By its Chairman, Ponmalaipatti - 620 004, Tiruchirappalli District.

... Petitioner Vs.

1.The State of Tamil Nadu, Rep. By its Secretary, Department of School Education, Fort St. George, Chennai - 600 009.

2.The Director of Teacher Education Research and Training, DPI Compound, College Road, Chennai - 600 006.

3.The Principal, District Institute of Education and Training, Kumuloor, Trichy District.

4.The District Collector, Trichy District at Trichy.

5.The Revenue Divisional Officer, Trichy, Trichy District.

6.The Tahsildar, Trichy, Trichy District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the first respondent / State Government to consider and pass orders forthwith on the petitioner's memorandum dated 12.11.2018 requesting to grant Christian Religious Minority Status to the petitionerinstitution namely St.Mary's Teacher Training Institute for girls, Ponmalaipatti, Trichy District as per the report submitted by the Tahsildar, Trichy dated 01.08.2007 indicating that the petitioner's institute is a Minority Educational Institution satisfying the norms laid down in G.O.Ms.No.375 (School Education) dated 12.10.1998. For Petitioner : Mr.S.Xavier Rajini For Respondents : Mr.N.Shanmuga Selvam Additional Government Pleader 1/3

ORDER

The petitioner has filed the present Writ Petition to issue a Writ of Mandamus, directing the first respondent to consider and pass orders forthwith on the petitioner's memorandum dated 12.11.2018 requesting to grant Christian Religious Minority Status to the petitioner-institution namely St.Mary's Teacher Training Institute for girls, Ponmalaipatti, Trichy District as per the report submitted by the Tahsildar, Trichy dated 01.08.2007 indicating that the petitioner's institute is a Minority Educational Institution satisfying the norms laid down in G.O.Ms.No.375 (School Education) dated 12.10.1998.

2.According to the petitioner/Trust, they are running two educational institutions and submitted a memorandum to the respondents to grant Christian Religious Minority status to the institutions. Accordingly, the Tahsildar submitted a report to the effect that the petitioner's Institute is a Minority Educational Institution satisfying the norms laid down in G.O.Ms.No.375 (School Education) dated 12.10.1998 vide proceedings dated 01.08.2007. But the first respondent declined to grant Christian Religious Minority status to the petitioner's institution for the reason that the institute has not admitted more than 50% of the students who belongs to Christianity as per the guidelines prescribed in G.O.Ms.No.214 (School Education (X2) Department), dated 03.11.2008 vide letter dated 08.06.2009. Subsequently, the said G.O.Ms.No.

214 (School Education (X2) Department, dated 03.11.2008 has been quashed by this Court and therefore, the petitioner submitted a representation dated 12.11.2018 before the respondents to grant Minority Status to the petitioner's institutions. Since no order has been passed by the first respondent, the petitioner has filed the present Writ Petition.

3.The learned Additional Government Pleader appearing for the respondents submitted that the petitioner has not furnished any acknowledgement for submitting the aforesaid representation dated 12.11.2018 and therefore, if the petitioner submits a fresh representation before the first respondent, the same will be considered on merits and in accordance with law. 4.In view of the submissions made by the learned Additional Government Pleader, this Court is inclined to pass the following orders:- i) The petitioner is directed to submit a fresh representation to the first respondent within a period of two weeks from the date of receipt of a copy of this order. ii) On receipt of the same, the first respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law, as expeditiously as possible.

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6.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) Ps Note:- In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. To 1.The Secretary, The State of Tamil Nadu, Department of School Education, Fort St. George, Chennai - 600 009.

2.The Director of Teacher Education Research and Training, DPI Compound, College Road, Chennai - 600 006.

3.The Principal, District Institute of Education and Training, Kumuloor, Trichy District.

4.The District Collector, Trichy District at Trichy.

5.The Revenue Divisional Officer, Trichy, Trichy District.

6.The Tahsildar, Trichy, Trichy District.

+1 CC to M/s.S.XAVIER RAJINI,Advocate(SR-14356[F] dated 18/08/2020 ) Order made in W.P.(MD)No.8748 of 2019 Dated:

17.08.2020 AP(25/08/2020) 3P 8C 3/3