T MICHAEL Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE plaintiff is the appellant. He filed a suit for declaration that St.Antony's Elementary (Primary) School in Nelakarisalkulam, Rayagiri Post, Sankarankoil Taluk, Tirunelveli District was a minority institution within the meaning of Art.30(1) of the Constitution of India and the Tamil Nadu Recognised Private Schools Regulation Act and for permanent injunction restraining the defendant Government from enforcing several provisions of the said Act and the Rules to the said school. THE defendant/the respondent herein resisted the suit stating that the plaintiff/appellant did not establish that it was a minority institution and that merely because the school was started by a Christian it would not become a minority institution.

(2.) THE trial court, on consideration of the evidence of the plaintiff, who was examined as P.W.1 and Ex.A-1 to Ex.A-9 which marked through him, decreed the suit as prayed for.

(3.) THE counsel for both the parties would cite several authorities to substantiate their respective contentions. It is unnecessary to refer all the decisions, since most of those decisions have been referred to in the judgment in Elkay Higher Secodary School v. State of Tamil Nadu Elkay Higher Secodary School v. State of Tamil Nadu Elkay Higher Secodary School v. State of Tamil Nadu , (1997)2 L.W. 213 rendered by Hon'ble Justice D.Raju (as he then was).