SECRETARY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed to issue writ of mandamus directing the 1st respondent State Government to consider and pass orders forthwith on the petitioner's application dated 22.5.2009 recognising the status of the petitioner -College as a Christian Religious Minority Educational Institution.

(2.) IT is the case of the petitioner College that Nirmala College for Women, Coimbatore was initially affiliated to Madras University and now to the Bharathiar University founded and administered by the Governing Body of Nirmala College for Women, Coimbatore, which is a Society bearing registration No.9 of 1951 under the Tamil Nadu Societies Registration Act, 1975. The name of the Society was changed as ''Nirmala Education Society, Coimbatore '' on 19.2.2007, which was also registered in the office of the District Registrar, Coimbatore. The said Society was formed by the Roman Catholic Congregation of the Franciscan Sisters of the Presentation of the Blessed Virgin Mary, Coimbatore. The Congregation was also recognised as a Minority under Article 30(1) of the Constitution of India, as per the order of the Division Bench of this Court dated 24.9.1976 made in W.P.No.655 of 1975. Pursuant to the direction issued in the said writ petition, the Government of Tamil Nadu declared the said Congregation as a Minority vide Proceedings of the Director of School Education dated 20.11.1976 in Rc.No.24541 -G3/76.

(3.) FOR declaring the minority status of the College, the petitioner College submitted application dated 22.5.2009 to the Director of Collegiate Education, through proper channel. Since there was no response, the petitioner College made reminders on 16.11.2009 and 18.3.2010 respectively to the Director of Collegiate Education, through proper channel i.e. the Joint Director, Coimbatore. Thereafter, the Joint Director called for a copy of the Original Trust Deed and the supplementary deed amending the object clause of the Bye -laws by Proceedings dated 25.5.2010. As there was delay in considering the application, the petitioner College made representation dated 26.11.2012. Based on which, the Joint Director by Proceedings in Na.Ka.No.9661 -E1 -2009 dated 05.12.2012 requested the 2nd respondent to issue orders to that effect. However, no order was passed. Again the petitioner College made representation to the 1st respondent on 24.9.2013 and by letter dated 09.10.2013, the 1st respondent instructed the 2nd respondent to send a revised proposal along with his recommendations after obtaining certain particulars from the College to consider the application for grant of Minority status viz.,