SECRETARY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The present writ petition has been filed by an unaided college of education challenging an order passed by the first respondent wherein the request of the petitioner for conferment of minority status has been rejected citing Clause 8(v) of G.O.Ms.No.270, Higher Education (J1) Department dtd. 17/6/1998.

(2.) According to the petitioner, they are owned and administered by a registered trust namely " Diocese of Marthandam" vide Document No. 123(IV), dtd. 23/10/1997 in the office of the Sub Registrar, Marthandam, Kanyakumari District. According to them, the said Diocese is running 478 institutions. In order to provide professional education on teaching to the people belonging to the Christian Community, the petitioner college was started in the year 2006. The National Council for Teacher Education (NCTE)- Southern Regional Committee had granted recognition to the college with an annual intake of 100 students vide order dtd. 14/12/2006.

(3.) The petitioner had further contended that for formal certification relating to their status as a minority, the college submitted a memorandum to the second respondent on 11/7/2007. The second respondent has forwarded the letter to the first respondent. Some clarification was sought by the second respondent thereafter. After details of the documents sought for were furnished, there was no response from the respondents 1 and 2. Thereafter, there were further communications between the authorities and the college management. The college had filed W.P.(MD).No.16853 of 2012 for a mandamus to direct the first respondent to consider and pass orders on the petitioner's memorandum dtd. 11/7/2007. The writ petition was allowed on 21/12/2012 directing the first respondent to consider and pass appropriate order in accordance with law within a period of 12 weeks from the date of receipt of a copy of the order. Since the order was not complied with, a Contempt Petition No.1208 of 2013 was filed. While the said contempt petition is pending, the present impugned order was passed on 25/11/2013 rejecting the said minority status stating that the college had admitted minority students exceeding 50% of the total sanctioned strength and therefore, the College has violated the guidelines framed by the Government of Tamil Nadu Under G.O.Ms.No.270, Higher Education (J1) Department dtd. 17/6/1998. This order is under challenge in the present writ petition.