The Correspondent v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2016 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.12884 of 2016 and W.M.P(MD)No.9726 of 2016 The Correspondent, St., Joseph's Matriculation Higher Secondary School, Old Kuyavarpalayam Road, Madurai 625 009 ... 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 Matriculation Schools, College Road, Chennai 600 006.

3.The Inspector of Matriculation Schools, Thallakulam, Madurai, Madurai District 625002.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 1st respondent State Government in Letter No.16024/Ne. Va 4(2) 2016-1 dated 22.06.2016 quash the same and further Direct the 1st State Government to recognise forthwith the status of the petitioner-School namely. St.Josephs Matriculation Higher Secondary School Old Kuyavarpalayam Road, Madurai District as an Christian Religious Minority Educational Institution. For Petitioner : Mr.T.Cibi Chakraborthy For Respondents : Mr.B.Pugalendhi, AAG assisted by Mr.V.Muruganandam, Additional Government Pleader.

ORDER

The petitioner has come up with this writ petition challenging the proceedings issued by the first respondent in Letter No.16024/Ne.Va4(2)2016-1 dated 22.06.2016, the present writ petition has been filed.

2.Heard Mr.T.Cibi Chakraborthy, learned counsel appearing for the petitioner and Mr.B.Pugalenthi, learned Additional Advocate General appearing for the respondents. 3.According to the petitioner, the petitioner's society runs several educational institutions and it is a religious minority educational institutions in terms of Article 30 (1) of the Constitution of India. The object of the society is to establish, maintain and develop educational, health, technical and other charitable institutions at various levels for the educational upliftment and medical care of the people in the spirt of Christ. It is further stated that the petitioner submitted a memorandum dated 16.12.2015 along with necessary documents to the first respondent through proper channel, namely, the Director of Matriculation Schools, the second respondent herein.

However, the first respondent, after several communications, passed the impugned order rejecting the application made by the petitioner for the following reasons:- (i)That the petitioner's school had enclosed the name list of the office bearers of educational agency at the time of establishment of school but did not submit the proceedings of the Tahsildar certifying the Language, religion and address of those members.

(ii)That the petitioner's school has enclosed the name list of the present office bearers of educational agency of the school but did not submit the proceedings of the Tahsildar certifying the Language, religion and address of these members.

(iii)That the school seeking for language/religious minority status has less than 50% of the students of the belonging to language/religious minority. (iv)That the school had not produced separate caste certificate of the members of the school committee from the Tahsildar."

4.Challenging the above said order passed by the first respondent dated 22.06.2016, the present writ petition has been filed.

5.Learned counsel appearing for the petitioner would submit that the petitioner school has submitted all the relevant documents to establish that the petitioner institution is naturally a minority institution without considering all the documents, the first respondent has mechanically rejected the application.

6.Per contra, learned Additional Advocate General, appearing for the respondents submitted that the impugned order has been passed following G.O(Ms)No.375, Educational Department

(X1), dated 12.10.1998 and G.O.Ms.No.214, School Education (x2) Department, dated 03.11.2008 wherein any institution seeking for the minority status has to comply with the necessary conditions. 7.So far as the requirement of condition No.1 in the impugned order, the petitioner did not submit the proceedings of the Tahsildar certifying the language, religion and address of the office bearers of the educational agency at the time of establishment of the school is concerned, the Tahsildar has no authority to give such certificate. However, it is suffice, if the petitioner produces certificate of Registration of the Society along with Memorandum to establish that the society was established by the minority.

So far as the second condition is concerned, the petitioner is ready and willing to produce the certificate as sought for by the respondent. So far as the third condition is concerned, the said condition is not at all required under the above said Government Order for the petitioner school and therefore, the said condition is set aside. So far as the fourth condition is concerned, the petitioner is ready and willing to submit Baptism certificate stating that the office bearers are belonging to minority. On production of the same, the first respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 8.The writ petition is accordingly disposed of. No costs. Consequently, W.M.P(MD)No.9726 of 2016 is closed.

Sd/ Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar.

To 1.The Secretary, State of Tamil Nadu, Department of School Education, Fort ST.,George,Chennai 600 009. 2.The Director of Matriculation Schools, College Road, Chennai 600 006.

3.The Inspector of Matriculation Schools, Thallakulam, Madurai, Madurai District 625002. +1CC to M/S.T.Cibi Chakraborthy, Advocate, SR.No. 72065 +1CC to the Special Government Pleader, SR.No. 72446 Writ Petition (MD) No.12884 of 2016 and W.M.P(MD)No.9726 of 2016 23.11.2016 sms AM/MPA/SAR-1/19.12.2016/3P/6C