STATE OF TAMIL NADU Vs. SOWDESWARI MAHAJANA CHARITABLETRUST

JUDGEMENT

(1.) THIS civil revision petition is against the order dated 12.3.1987 in C.M.A.No.200 1986 on the file of the Principal Judge, City Civil Court, Madras, reversing the dismissal of the trial Court in I.A.No.5873 of 1986 in the suit and granting injunction prayed for said I.A.No.5873 of 1986. The injunction prayed for in the said I.A. is to restrain petitioners, the State and the Director of Collegiate Education, from interfering with plaintiff -respondent -s management and administration of Salem Sowdeswari College in manner and to restrain them from enforcing Secs.5,11 to 14,14 -A, 18(2), 19 to 22, and of the Tamil Nadu Private College (Regulations) Act, 1976 (Tamil Nadu Act 19 of (hereinafter referred to as the Act) and Rules 12(3) and 4,13 and 14 made thereunder any order made in relation to Sec.lS(2), 19, 20 to 22 against the said college and to restrain them from taking any steps in pursuance of show cause notice dated 26th October, 1985 the State taking over the said college.

(2.) THE suit filed by the plaintiff -first respondent Sri Sowdeswari Mahajana Charitable Salem, is for (a) declaration that the said college is a - minority college - under Sec.2(7) abovesaid Act, established by the Kannada speaking devanga linguistic minority community of Tamil Nadu for the benefit of Kannada speaking devanga community of Tamil Nadu entitled to constitutional protection under Art.30(1) of the Constitution of India, that it denominational institution belonging to the abovesaid community within the meaning Art.26 of the Constitution of India, that the Constitution of college committee by the of trustees of the trust contravenes Arts.26 and 30 of the Constitution of India and that petitioners have no right to interfere with the said rights of the said community to manage the said college and for issuing consequential permanent injunction.

(3.) THE abovesaid college established in the year 1975, is admittedly run by the abovesaid trust. No doubt, the said trust was founded and funded by Kannada speaking devanga community of Tamil Nadu under Ex.P.2, dated 22.7.1973. The said Kannada speaking devanga community may be a minority community in this State. It may also be true that said trust is managed and administered by trustees who belong to the said community all these years. Under the said trust deed the 16 founders therein shall be the first body trustees of the above trust and they shall hold office for their lives. However it provided that it shall be open to the said body of trustees to co -opt five more persons as trustees with them, on the board, provided that such co -opted trustees shall continue office only for 3 years from the date of co -option. But it is not stipulated that the co trustees should only be from the abovesaid community alone. Further though the object the Trust inter alia is to establishments and maintain Colleges, it does not say that establishments and maintenance must be for the benefit of the students of the abovesaid community alone. On the other hand, the trust deed provides, as one of its objects that said trust should provide for scholarship to deserving students irrespective of caste, creed religion and to provide work to unemployed persons without distinction of caste or creed religion, by establishing technical centres and work -shops, etc.,