SOCIETY OF BETHEL EDUCATIONAL TRUST, REP BY ITS SECRETARY, VELACHERY Vs. GOVERNMENT OF TAMIL NADU, REP BY ITS SECRETARY, SCHOOL EDUCATION DEPARTMENT

JUDGEMENT

(1.) Petitioner has come up with this Writ Petition seeking to declare the restriction of Minority Status to their Institutions namely, Bethel Matriculation Higher Secondary School and Peniel Matriculation Higher Secondary School in G.O.(ID) No.133, School Education (X2) Department, dated 16.05.2013, relying on G.O.Ms.No.214, School Education (X2) Department, dated 03.11.2008 and the consequential proceedings issued by the 1st Respondent in Letter No.35231/Ms./2017-1, dated 27.12.2017 addressed to the 2nd Respondent as null and void, illegal and declare that the said Schools are to continue as Christian Minority Schools.

(2.) According to the Petitioner, their Society, which is a Public Charitable Trust, was incorporated in the year 1985 under the Tamil Nadu Societies Registration Act, 1975 and its bye-laws have been registered with the Statutory authorities and Registration Certificate has also been issued in the year 1985 vide Certificate No.11/1985. One of the important objects of the Petitioner/Society is to establish and administer educational institutions with the main object of promoting the interest of the Christian Minority Community. The Petitioner/Society is administering two educational Institutions viz. Bethel Matriculation Higher Secondary School at 15, Sarathy Nagar, 2nd Street, Velachery, Chennai 600 042 and Peniel Matriculation Higher Secondary School at No.1, Selva Nagar, Pallikaranai, Chennai 600 100, Kancheepuram District. Both the said Schools are being run by the Petitioner/Society itself under the same Management.

(3.) It is further stated by the Petitioner that in both the Schools at Velachery and Pallikaranai, the Management is giving preference to Christian students for admissions, though admissions are not denied to students of other faith and that the Management is not collecting any capitation fee while admitting students and the fee collected is minimum to meet the expenses for running the Schools. The Tahsildar of Mambalam and Guindy Taluk has issued a Certificate on 27.04.2012 and the Tahsildar of Sholinganallur has issued a Certificate on 07.09.2012, certifying that all the Trustees of the Petitioner/Society are Christians and the two Schools administered by them, are Christian Minority Institutions.