SAGAYATHOTTAM INSTITUTE Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) Aggrieved by the letter No. 69285/AU/92-7 dated 8-6-1992 of the first respondent, as confirmed in the subsequent letter Ms.No.50, Agriculture dated 11-8-93, directing the petitioner Institution to create an endowment fund to the tune of Rs.10 lakhs, the petitioner has filed the above writ petition to quash those letters on various grounds.

(2.) The case of the petitioner is briefly stated hereunder: The petitioner Institute, then agricultural training school was started by Salesian Society of Don Bosco in its farm in 1958 at Uriyur Kuppam village, Takkolam Post, then North Arcot District, imparting two years training of Maistry course to the young farmers, with the sanction and approval of then Government of Madras,first respondent herein in G.O.Ms.No. 2917 dated 21-8-58 under certain terms and conditions. It is a self financing institute and no aid from the Government was granted. It never contemplated creation of any endowment, muchless for 10 lakhs. The services of this institute, then school of agriculture were recognised and the first respondent-Government of Tamil Nadu, accorded sanction of two years course of Certificate by its G.O.Ms.No. 1585 Agriculture dated 4-9-85. Even then, no endowment was insisted upon. Later, this course of certificate was converted into 2 years of diploma course, commencing from academic year 1987-88 and was affiliated to the Tamil Nadu Agriculture University, Coimbatore by its proceedings dated 31-7-87. Even then, no endowment was insisted upon. By G.O.Ms.No. 2007 dated 18-10-1983, the department of Education, Science and Technology, Government of Tamil Nadu has fixed creation of endowment for 10 lakhs as condition precedent for sanction of starting of new private polytechnics. The 2nd respondent by his letter dated 8-6-91, wanted the opinion of the petitioner institution about creation of endowment fund. The petitioner Institute opposed such creation. The 2nd respondent recommended for granting exemption from creation of endowment. However, on the basis of the said Government Order, the first respondent in the impugned letter dated 8-6-92, has rejected the recommendation of the 2nd respondent for exemption as far as the petitioner Institution only and directed the 2nd respondent to secure creation of endowment. Therefore, the petitioner made further representation to the Government and the same was rejected by the first respondent by the subsequent letter No. Ms.50 dated 11-8-93; hence the present writ petition.

(3.) On behalf of the respondents 1 and 2, Joint Secretary to the Government, Agriculture Department, Chennai-9 has filed a counter affidavit wherein it is stated that the Government have imposed condition for creation of Endowment fund for the private Polytechnics with a view to avoid mushroom growth of mismanaged private Institutions on business motive in G.O.Ms.No. 2007, Education Department, dated 18-10-1983. While granting recognition to Al-Ameen Institute of Agriculture and Rural Development, Kadayanallur, the Government had stipulated that an amount of Rs.10 lakhs be deposited as Endowment fund in one lumpsum or in instalments. Further, as a regulatory measure and to have uniformity in all the Agricultural Institutes run by minority communities, the Government decided that Sagayathottam Institute of Agriculture and Rural Development should also create an Endowment fund to the tune of Rs.10/- lakhs and orders requiring Sagayathottam Institute of Agriculture and Rural Development to create an endowment fund of Rs.10 lakhs either in one lumpsum or in 5 monthly instalments of Rs.2 lakhs each was issued by the Government letter No. 69285/AU/92-7 dated 8-6-92. The representation of the petitioner Institution and further representation as well as the appeal were rejected by the Government. As a regulatory measure and to have uniformity in all the Agricultural Institutes run by minority communities, it was decided that Sagayathottam Institute of Agriculture and Rural Development, which is a minority Christian Institution should also create an endowment fund of Rs.10 lakhs. Ramakrishna Mission Vidyalaya, Coimbatore, which is also conducting two year diploma course in agriculture, is not a minority institution and it is a Government aided institution and hence it is considered not necessary to demand endowment fund from the Institute. There has been no discrimination as claimed by the petitioner Institute.