NALLOOR VETTUVENNI KANDAN SASTHA DEVASWOM COLLEGE ATTOOR AND N V K S EDUCATIONAL AGENCY VETTUVENNI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner The Nalloor Vettuvenni Kandan Sastha Devaswom College at Attoor and N.V.K.S. Educational Agency, Vettuvenni, Marthandam, Kanyakumari District preferred the present writ petition seeking a writ of certiorarified mandamus to call for the records relating to the order in Letter No. 9688/E1/2000-4, Higher Education (E1) Department dated 4. 10.2001 on the file of the first respondent herein, quash the same and direct the first respondent to confer linguistic minority status to the petitioner.

(2.) The writ petitioner contends as follows: The petitioner Trust and the Educational Agency is a linguistic minority within the meaning of Articles 30(1) and 26 of the Constitution of India. The object of the educational institutions is for promoting Malayalam speaking persons who are minority community in Tamil Nadu. The petitioner approached the civil Court and obtained a decree in O.S. No. 1276 of 1986 dated 4.11.1987 on the file of the IX Assistant Judge, City Civil Court, Chennai declaring that the petitioner is a linguistic minority. Responding to the letter dated 17.12.1988 sent by the petitioner, the second respondent informed the petitioner that there was no need for declaring the institution as minority institution since the petitioner institution already obtained a decree from the competent Court. The petitioner Trust and the Educational Agency has been enjoying the minority status in all respects. The Government of Tamil Nadu in G.O.Ms. No. 270 Higher Education Department dated 17.6.1998 issued guidelines for conferring minority status. The petitioner sent an application dated 23.11.1998 to the second respondent and requested conferment of minority status to the educational institution of the petitioner. The first respondent, in his letter No. 14775/E1/99-6 dated 24.2.2000 rejected the request of the petitioner seeking conferment of minority status to the educational institution of the petitioner.

(3.) Contending that the first respondent cannot take a different view in the face of the decree obtained by the petitioner declaring the petitioner as minority institution, the present writ petition is filed seeking the aforesaid reliefs.