ROMAN CATHOLIC SOCIETY OF THE BROTHERS OF THE SACRED HEART OF JESUS PALAYAMKOTTAI TIRUNELVELI DISTRICT Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners in these writ petitions are Institutions. THEir schools have recognition for the various educational courses in respect of which aid is being asked for. In view of the fact, broad contentions built on Art.30, and in particular Art.30(2) of the Constitution of India are being projected in support of the request for the grant of aid for the various educational courses run by the minority schools, we do not propose to go into the minute factual details with reference to each case. Suffice it to state that we are concerned with minority schools and their various educational courses with which we are concerned, have the benefit of recognition. Art.30(1) speaks about the right of all minorities, whether based on religion or language, to establish and administer educational institutions of their choice. Certain provisions of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (Tamil Nadu Act 29 of 1974), hereinafter referred to as the Act, may have to be looked into while considering the contentions. It must be noted here that most of the provisions of the Act and the Rules framed thereunder bearing the nomenclature of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974, hereinafter referred to as the Rules, have been held to be not applicable to minority institutions by a pronouncement of this Court in W.P.No.4478 of 1974 etc. (batch) dated 17.121975. We propose to refer to such of the provisions of the Act and the Rules which have escaped the scathe of the pronouncement of this Court, for dealing with the submissions made on behalf of the petitioners and the counter-submissions made on behalf of the petitioners and the counter-submissions put forth on behalf of the respondents. Sec.2(6) of the Act defines a "minority school" as meaning "a private school of its choice established and administered by any such minority, whether based on religion or language as has the right to do so under Clause (1) of Art.30of the Constitution. "For the establishment of minority school, no permission is necessary under the Act as in the case of any other private school. This is what has been set out in Sec.9 of the Act. "9. Minority school to be established without permission: Any minority whether based on religion or language may establish and administer any private school without permission under Sec.6." But under Sec.10 every minority school established and administered after the date of the commencement of the Act, with which alone we are concerned in the present cases is enjoined to send to the competent authority a statement containing particulars specified in Clause (c) of Sub-sec.(2) of Sec.5 within such time as may be prescribed. Sec.5(2)(c) speaks about certain particulars, such as,

(2.) THE complaint in the present cases is that the minority schools have been discriminated against by the respondents on the question of grant of aid. Before we examine the factual aspects, it will be advisable to refer to the propositions from the legal angle as have come to be laid down by pronouncements of the highest Court in the land as well as High Courts. Venkatarama Aiyar, J., in his separate judgment while concurring with the majority view on question numbers 1,3 and 4, but differing on question number 2 in, In re., Kerala Education Bill, 1957, A.I.R. 1958 S.C. 956, observed:

(3.) IN St.Xaviers College v. State of Gujarat, A.I.R. 1974S.C. 1389: (1974)1 S.C.C. 717, also, there was a reference to the earlier pronouncement in IN re. Kerala Education Bill, 1957, A.I.R. 1958 S.C. 956, and the following passages require noting: