THALAVAIPURAM NADARS P M MARIMUTHU NADAR HIGHER SECONDARY SCHOOL MANAGING BOARD Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE plaintiffs, who are successful before the trial Court, have preferred the present second appeal being aggrieved by the judgment and decree of the first Appellate Court dated 21.7.94 made in A.S.No. 315 of 1993, allowing the appeal and dismissing the suit in its entirety.

(2.) THE first plaintiff is Thalavaipuram Nadar -s P.M. Marimuthu Nadar Higher Secondary Managing Board, rep. by its Secretary, the second plaintiff is Thalavaipuram P.M.M. Ammayappa Nadar Girls - Higher Secondary School, rep. by its Secretary and Managing Board member and the third plaintiff is Thalavaipuram Nadar -s P.M.M. Ammayappa Nadar Elementary School rep. by its Secretary and Managing Board Member and the plaintiffs have jointly instituted the suit O.S.No.9 of 1991, on the file of the District Munsif, Srivilliputhur, for a declaration that all the three Schools are minority educational institutions and for permanent injunction forbearing the defendants from enforcing the provisions of Tamil Nadu Recognised Private Schools (Regulation) Act, 1973. The trial Court decreed the suit holding that the suit institutions are minority institutions, in terms of Article 26 and 30 of the constitution and also granted the relief of permanent injunction against the defendants forbearing them from enforcing the provisions of Tamil Nadu Act 29 of 1974.

(3.) AT the time of admission the following substantial questions of law have been framed at the instance of the appellants.