(1.) "A" Introduction: In these writ petitions, the Constitutional validity of G.O.Ms.No.536, Education (UI) Department, dated 17. 5. 1989 and G.O.Ms.No.661, Education (UI) Department, dated 12. 6. 1991 is challenged mainly on the ground that they violate the rights of the petitioners guaranteed under Art.30 of the Constitution of India and they offend the provisions of Art.14 of the Constitution of India. By the two Government Orders the State Government introduced certain amendment to the Tamil Nadu Minority Schools (Recognition and Payment of Grant) Rules, 1977 approved in G.O.Ms.No.2080, Education, dated 14. 9. 1977.
(2.) BEFORE referring to the provisions thereof and the contentions of the parties, a brief peep into the history is necessary. [After tracing the history of the impugned G. Os. and the compelling circumstances under which they were issued, His Lordship proceeded - Ed.]
(3.) THE main attack by the petitioners is on the following grounds: THE petitioners are minority institutions protected by Art.30(1) of the Constitution of India and their right to establish and administer educational institutions of their choice is sought to be annihilated by the two impugned Government Orders. THE Government Orders are arbitrary and unreasonable and they are violative of Art. 14. None of the petitioners is receiving any aid from the Government and the Government Orders traverse beyond the parameters fixed by Constitution as interpreted by the Supreme Court of India. When this Court had held the relevant sections of the Statute and the relevant rules to be inapplicable to minority institutions, it is not open to the Government to make nonstatutory rules and impose the same conditions thereby. THEre is total non-application of mind in passing the Government Orders and they are not in the interests of the minorities. THE State Government is not competent to frame the rules and it is only the Central Legislature which can frame rules. THE rules being non-statutory are no better than administrative instructions and they offend the provisions of Art.19(1)(g) of the Constitution and they cannot be saved by Art.l9(6). THE Rules are also discriminatory inasmuch as they prescribe different standards for private schools from those for Government schools. As the Government Orders do not make a distinction between aided and unaided institutions, they are treating unequals as equals and thus offending Art. 14 of the Constitution.
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