P DEVADOSS Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) INVOKING the writ jurisdiction of this Court, the petitioner has sought for a writ of mandamus forbearing the respondents 1 to 4 not to allow the 5th respondent management school to function as minority institution without declaration from the Government of Tamil Nadu as per the orders of the Supreme Court made in IA No.20 in W.P.(C) No.317 of 1993 dated 17.10.94 and G.O. Ms.No.371 Education, Science and Technology Department dated 10.5.1995 and G.O. Ms.No.270 dated 17.6.98, enforcing the provisions of the Tamilnadu Private School Regulation Act, reviewing all the appointments and promotions made in the fifth respondent management school and issuing a direction to the fifth respondent management school to follow the provisions of the Tamil Nadu Private Schools Regulation Act and to function in accordance with the Tamil Nadu Private Schools Regulation Act.

(2.) AFFIDAVIT filed in support of the writ application and the counter affidavit filed by the fifth respondent are perused.

(3.) THE learned Counsel appearing for the fifth respondent would submit that the petitioner before this Court is a teaching staff, who suffered a suspension for his delinquencies; that the same is also the subject matter in the writ petition before this Court; that the petitioner has no locus standi to question the character of the institution as one minority institution, in question; that it has been declared so by a Civil Court; that the said declaration has been affirmed by the High Court in second appeal; but, the Government has not challenged the same; that it is true that the two Government Orders have been passed by the Tamil Nadu Government as referred to by the petitioner's side; but, even today, the institution is being run as the minority institution, and it has not been declared otherwise.