ASSOCIATION OF UNIVERSITY TEACHERS TAMILNADU C B M COLLEGE UNIT REP BY ITS SECRETARY P SHANMUGA SUNDARAM C B M COLLEGE KOVAIPUDUR COIMBATORE Vs. GOVERNMENT OF TAMILNADU REP BY ITS SECRETARY TO THE GOVERNMENT HIGHER EDUCATION DEPARTMENT FORT ST GEORGE CHENNAI

JUDGEMENT

(1.) PETITIONER-Teachers Association challenges the government order granting minority status to the second respondent institution.

(2.) THE case of the petitioner is that, the second respondent college was started by a public charitable trust in the year 1974. During 1975-76 classes commenced. During 2009, the college was found to be not functioning properly and the petitioner's Association sent a memorandum to the second respondent management giving the details to that effect. THEre were complaints by students about the compulsory donation collected from them. On 14.2.2008, the Regional Joint Director of Collegiate Education inspected the college. Criminal proceedings were also registered under Section 385 of I.P.C. against some of the persons in the management. Again on 10.4.2008, the Director of Collegiate Education inspected the college. On 12.5.2008, he submitted a report to the government recommending action against the management and also recommended stoppage of admission for the year 2008-2009. Sensing problem, the management amended the trust-deed amending the object of the trust, incorporating clause(2)(b)(i) and 2(b)(ii) in the Trust-deed to serve the minority community. On 30.3.2009, the third respondent university passed a resolution suspending the admission of students in the second respondent college for the year 2009-2010. On 20.5.2009, the Regional Joint Director submitted a report to the fourth respondent-the Director of Collegiate Education, Chennai, recommending invocation of Section 14A of the Tamil Nadu Private Colleges Regulation Act 1976. THEreafter, on 10.8.2009, the management of the college applied for minority status and the first respondent granted minority status by virtue of G.O.Ms.No.355/2009 dated 25.9.2009. THE said G.O. is challenged before this Court.

(3.) HE relied upon the judgements in reported in 1993 (3) SCC 259 which declares that reasonable opportunity has to be given, when the impugned itself has civil consequences and in reported in 1970 2 SC 417, which declares that for establishment of minority institution, it must be for the benefit of minority community or by a member of that community. HE also prays for quashing of the impugned government order.