BENTINCK HIGHER SECONDARY SCHOOL FOR GIRLS REP BY ITS CORRESPONDENT, CHENNAI Vs. GOVERNMENT OF TAMIL NADU, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, CHENNAI

JUDGEMENT

(1.) The Writ Petition has been filed for a issuance of Writ of Certiorari to quash the Government Order in G.O.(MS) No.214 School Education(X2) Department dated 03.11.2008, issued by the first respondent.

(2.) There is no factual controversy in this writ petition. The petitioner in this writ petition is a Girls School represented by its Correspondent. The petitioner school was established long back (1837) and the school was declared to be a minority school by this Court in a writ petition filed by the institution in W.P.No.522 of 1975 by order dated 24.09.1976. The educational authority viz., the Director of School Education, Chennai has also recognised the status of the Institution as a Christian Minority Institution by proceedings in RC.No.24541-G3/76 dated 20.11.1976. It is stated that a Division Bench of this Court has also reaffirmed the status of the petitioner by another order dated 10.10.2012.

(3.) It is not in dispute that the petitioner was treated as a minority religious institution. However the first respondent issued a Government order in G.O.MS.No.214, School Education(X2) Department dated 03.11.2008, framing certain additional guidelines for the conferment of minority status to the educational institutions in addition to the guidelines issued in G.O.Ms.No.375 Education dated 12.10.1998. By virtue of the impugned Government Order, the first respondent wanted to limit the validity of minority status of all institutions for a period of five years. The operative portion of the impugned Government Order reads as follow: