HINDU MIDDLE SCHOOL Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THIS writ petition is filed seeking a direction to the respondents to call for the records of the second respondent in his proceedings in O.M.No.7810/A2/04 dated 05.08.2005 and the consequential order of the third respondent dated 08.09.2004 in O.M.No.1182/A1/04 and quash the same and to direct the respondents to continue to recognise the minority status accorded to the petitioner institution.

(2.) PETITIONER institution is represented by its Manager and Secretary. The petitioner school was established with standards 1 to 5 in the year 1941 by one Subbiah Draviyaraj, a Christian. It is informed that recognition with aid was granted to 6th and 7th standards by the proceedings of the District Educational Officer, Tirunelveli South dated 12.05.1967 and later recognition was granted to 8th standard on 05.06.1967. After the lifetime of the founder the management was taken over by his son S.Durairaj. The minority status of the school has been recognised by the decree of the Civil court in O.S.No.4198/1977 dated 23.11.1983. The Management of the school was transferred in favour of the petitioner and by proceedings dated 04.09.2003, the second respondent viz District Elementary Educational Officer has confirmed the same on condition that minority status would be claimed. A civil suit in O.S.No.92/2003 filed by the Head Master and the daughter of the erstwhile Manager challenging the transfer of management is pending before the D.M.C., Nanguneri.

(3.) HEARD the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.