ANNAI VELANKANNI COLLEGE Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has come forward with the writ petition for the issuance of writ in the nature of certiorarified mandamus to call for the records of the first respondent issued in G.O. (ID) No. 47, Higher Education (E1) Department, dated 4.3.2004, quash the same and direct the first respondent to recognise the petitioner college as a Christian Religious Minority Institution. The case of the petitioner in a nutshell runs as follows:- Annai Velankanni College, Tholayavattam was established by the Roman Catholic Priests who formed "Friends of Kottar" Society, registered under the Societies Registration Act. The object of the society was to establish and administer Arts, Technical Institutions in order to provide educational opportunities to Latin Catholic Christians, even though admission is not denied to people belonging to other religions irrespective of caste and community. The said society for implementing the said avowed object established the petitioner college at Tholayavattam, which is a most backward and Rural Area in Kanyakumari District in the year 1987-88. The said college is having affiliated to the Manonmaniam Sundaranar University, having B.A., B.Sc., B.Com., and M.Sc., and M.C.A. courses.

(2.) The petitioner college applied for the grant of Christian Religious Minority Status before the first respondent on 9.10.2001 in accordance with the G.O.Ms. No. 270 Higher Education (J1) Department dated 17.6.1998. In the said G.O. it is stated that the Government will hereafter verify and determine as to whether the Educational Institution is a Minority Institution within the meaning of Article 30(1) or 26 of Constitution of India subject to satisfaction of certain conditions. The petitioner college having satisfied the above guidelines issued by the Government applied to the first respondent on 9.10.2001 with all enclosures. The said application having not been disposed of, the petitioner filed W.P. No. 6564 of 2002 and this Court by order dated 28.2.2002 directed the first respondent to consider the claim of the petitioner college and pass orders within a period of 12 weeks. The second respondent conducted enquiry and sent a communication dated 8.5.2002 sought for certain clarifications. The query raised by the second respondent was also clarified by specifically stating that there is no transfer of management. The first respondent without considering the actual matter in issue and verify as to whether the petitioner college satisfied the norms issued in G.O.Ms. No. 270, has erroneously rejected the request of the declaration of the petitioner college as minority college on the ground that the petitioner college was established by different society and administered by a new society and there is no transfer of management of the college and therefore the request of the petitioner college cannot be granted. The said order was passed through G.O. (1D) 47, Higher Education (E1) Department, dated 4.3.2004 and the petitioner having aggrieved is constrained to challenge the said order.

(3.) In the counter affidavit filed on behalf of the respondents it is contended that the petitioner college was established by the Friends of Kottar Society and that the Friends of Kottar Society has authorized the Annai Velankanni College Administrative Society to administer the petitioner college. It is made clear that there is no provision in the bye-laws of the parent Society to authorize a third party to administer the college. Moreover, in the instant case the bye-laws have been provided and registered separately for the Friends of Kottar Society as well as Annai Velankanni College Administrative Society. Thus, it could be construed that one Society has established the college and another Society runs the college which is quite contrary to the existing laws. The petitioner college applied for granting Christian Religious minority status, but it was rejected by the Government in G.O. (1D) No. 47, Higher Education Department, dated 4.3.2004 for the reasons that the very change of educational society is not in order as per the provisions laid down in the Tamil Nadu Private Colleges (Regulation) Act, 1976 and hence the question of conferring minority status applied by another Society does not arise. Further, the aims and objects of the Society of the 'Friends of Kottar' as stated in the Memorandum of Association are, the society is formed to initiate, support and promote the advancement of educational activities in village for the children. It does not reveal that it subserves the interest of the Roman Catholic Christian Community. Further, according to the Memorandum of Association of Annai Velankanni College Administrative Society, the object of the Society is to provide higher education to the Society at large and the college is open to all irrespective of religion, caste or community. Hence, it cannot be taken that the Society of the petitioner college subserves the interest of the Christian Community alone and as such the condition stipulated in para 8(i) of the guidelines issued in G.O.Ms. No. 270, Higher Education Department, dated 17.6.1998 is not satisfied. It is evident from the above that the said college was established by one society and administered by another society which is contrary to Article 30(i) of the Constitution of India. The 'Friends of Kottar Society' cannot be conferred with minority status as if fails to satisfy the above condition.