CONGREGATION OF THE REGULAR TERTIARY FRANCISCANS SISTERS OF OUR LADY OF BONSECOURS Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner aggrieved by the order dated 21.10.2004, passed by the first respondent under which, their request for grant of minority status to St. John De Bhritto Middle School, Bharathi Nagar, Madurai-18, came to be rejected, had filed this writ petition to quash the said order and for appropriate direction directing the first respondent to grant minority status.

(2.) THE facts necessary for the disposal of this writ petition are as follows:- THE deponent to the affidavit is the President of the petitioner society and Superior General of the Religious Congregation of THE Regular Tertiary Franciscans Sisters Of Our Lady of Bonsecours. THE petitioner is a registered society registered under the Societies Registration Act and it is a Religious, charitable Educational Society. THE society is running number of educational institutions throughout India and all the institutions are minority institutions in terms of Article 30(1) of the Constitution of India. THE petitioner Educational Agency is running 7 Primary Schools, 12 Middle Schools, 5 High Schools, 11 Higher Secondary Schools and 2 Teacher Training Institutions and also a Women College. All the institutions run by the petitioner agency are declared as minority institutions by a judgment of this Court dated 24.9.1976 in W.P.No.626 of 1975. THE Director of School Education vide his proceedings in R.C.No.24541-G3/76 dated 20.11.1976 has approved the Congregation of THE Regular Tertiary Franciscans Sisters of Our Ladu of Bonsecours which run the schools as minority institutions.

(3.) AFTER the management and administration of the school was taken over by the petitioner's society, the third respondent had approved the said transfer vide his proceedings dated 19.3.1998 with effect from 25.1.1997 under Rule 2(b) of the Tamil Nadu Recognition of Private Schools Regulation Act and in the same proceedings, the said official has granted approval of Sister Saroja as the Correspondent with effect from 21.5.1997 and Sister Saroja is the member of the petitioner educational agency.