GOOD SHEPHERED OUT REACH MISSION EVANGELICAL AND EDUCATIONAL TRUST GO MEET INDIA TRUST Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) 1. Good Shephered Out Reach Mission Evangelical and Educational Trust through its President has filed the above writ petition questioning the Order of the Government in G.O.Ms.No.858, Education, dated 15.7.1989 and the consequential proceedings of the second respondent dated 7.8.1997 in so far as guideline (3) of the said G.O.No.858, Education, dated 15.7.1989 as amended by G.O.Ms.No.244, dated 7.5.1997 and quash the same in so far as the demand to create an endowment for Rs.10 lakhs and for direction to the second respondent to treat the application of the petitioner society for the establishment of a religious minority college in the name of Good Shephered Out Reach Mission Evangelical and Educational Trust, Erode.

(2.) THE case of the petitioner is briefly stated hereunder: THE petitioner Trust is registered under the provisions of the Societies Registration Act, bearing Registration No.91/85 on the file of District Registrar, Erode. THE petitioner society was formed by a set of dedicated persons who are all religious minorities in the State with the object of implementing several religious and charitable services as well as to implement social welfare scheme for the Christian community in particular and non-Christian who believe in Christianity. Though the petitioner society is a minority in character within the meaning of Art.30 of the Constitution of India, the educational authorities required them to get a declaration from the Civil Court as to the religious minority status as per the decisions of this Court dated 12.7.1975 made in W.P.No.4478 of 1974 batch. Accordingly the petitioner society was declared as a religious minority within the meaning of Art.30 of the Constitution of India by a decree and judgment dated 31.3.1992 made in O.S.No.9457 of 1988 on the file of the XVI Assistant Judge, City Civil Court, Chennai. In order to achieve the objects of the society, the petitioner society started educational institutions viz., Good Shephered Higher Secondary, Matriculation School at Erode established in the academic year 1977-78 and also started another school at Anthiyur, from the academic year 1979-80 and the same were duly recognised by the Director of School Education, as well as the Director of Government Examinations, Chennai since 1985-86 onwards. With the experience in the educational field, the petitioner proposed to start a self-finance Arts College at Erode from the academic year 1997-98.

(3.) MS.G.Thilakavathi, learned counsel for the petitioner, after taking me through the decree and judgment obtained by the petitioner society, holding that petitioner society is a minority religious institution as well as various judicial decisions of this Court and the Apex Court, contended that the impugned order of the second respondent dated 7.5.1997 demanding creation of endowment to the tune of Rs.10 lakhs as per the guidelines prescribed in G.O.MS.No.858, Education, 15.7.1989 is contrary to law and violative of Art.30 of the Constitution of India. She further contended that inasmuch as the condition for demanding the endowment is not applicable to the religious minority institutions which are protected under Art.30 of the Constitution of India, the contrary action of the respondents cannot be sustained. The guidelines particularly Clause 3 infringes fundamental rights conferred under Art.30 of the Constitution of India. She also contended that the direction of the Hon?ble Supreme Court in T.M.A.Pai foundation case, is applicable to the said institution and in any event the Government of Tamil Nadu had subsequently amended G.O.MS.No.567, dated 15.7.1995 whereby the existing Engineering College which claim minority status alone were required to apply to the Government for declaration of minority status, hence the second respondent failed to consider the above aspect before rejecting the request of the petitioner society.