MANAGER & SECRETARY, HINDU MIDDLE SCHOOL, MAVADI, NANGUNERI TALUK Vs. STATE OF TAMILNADU, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SCHOOL EDUCATION

JUDGEMENT

(1.) The issue as raised in the writ petition is squarely covered by the earlier decision passed by the learned Single Judge of this Court as well as the Division Bench of this Court cited infra. The facts of the case, which are enough for adjudication of the present dispute in a nutshell, are as follows:

(2.) The petitioner School is admittedly a recognized Christian Minority Institution and the civil Court to that effect has granted declaration in O.S.No.4189 of 1977, dated 23.11.1983. The competent civil Court has granted the judgment and decree recognizing the minority status of the petitioner School and also passed a decree restraining the educational authorities from implementing certain provisions of Tamil Nadu Recognized Private School Regulations, 1974 and Tamil Nadu Recognised Private School Rules, 1973.

(3.) In these circumstances, the petitioner has approached the Government seeking recognization of the minority status and in response to the representation, the Government has passed G.O.Ms.No.231, School Education Department, dated 08.11.2017 granting minority status for a limited period of 5 years from 2017-2018 to 2021-2022. The said Government Order is put to challenge by the petitioner School stating that the grant of minority status for the limited period is contrary to the law laid down by this Court in a number of decisions and also there is a violation of constitutional right under Article 30 of the Constitution of India.