V D S HIGHER SECONDARY SCHOOL, D DHARMICHAND JAIN Vs. STATE OF TAMIL NADU, EDUCATION DEPARTMENT; DIRECTOR OF SCHOOL EDUCATION; CHIEF EDUCATIONAL OFFICER

JUDGEMENT

(1.) The Petitioner school was started in the year 1981 as High School and later upgraded as a Higher Secondary School in the year 1986 and is run by a Public Charitable Trust which is a linguistic minority. The object of the Trust is to provide for maintenance of schools and colleges and render financial help to any educational, medical or charitable organisation and to provide scholar ship and medical help. It is stated that about 4500 students are studying in the school.

(2.) By virtue of G.O.Ms. No. 35, School Education Department, dated 22.02.2006, 1st respondent granted minority linguistic status (Hindi) to the school for the year 2006-2007. Moreover, the petitioner also filed a Civil Suit in O.S. No. 57 of 1995 seeking declaration of minority status of the petitioner which was decreed and the Appeal Suit also got dismissed on 29.06.2000. Subsequently, the 3rd respondent by order No. MM 2340AA/2006 dated 03.06.2006 granted minority status to the petitioner's school from 01.06.2003 to 31.05.2006. The Tahsildar, Thiruvannamalai certified on 13.09.2006 that the Trustees belong to Jain community, who speak Hindi. The petitioner applied for further minority status to the school and there is exchange of communications between the respondents with regard to fulfilment of requirements of G.O.Ms. No. 375, School Education (X1) Department, dated 12.10.1998.

(3.) It is stated that the 2nd respondent addressed a letter dated 28.02.2007 to the 1st respondent with a copy to the petitioner school enclosing the comments of the 3rd respondent, stating that the petitioner's school complied with the requirements of G.O.Ms. No. 375, School Education (X1) Department, dated 12.10.1998 and also G.O.Ms. No. 69, School Education Department, dated 28.06.1994. The 2nd respondent recommended to issue minority status to the petitioner's school.