CORRESPONDENT ST IGNATIUS HIGHER SECONDARY SCHOOL KANYAKUMARI DISTRICT Vs. DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD CHENNAI 6

JUDGEMENT

(1.) IN both these Writ Petitions, petitioners seek the issuance of writ of mandamus forbearing the respondents from insisting on the petitioner- School to create an endowment of Rs. 25, 000/- as a pre-condition for the grant of recognition to its Higher Secondary school classes, and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

(2.) BOTH these petitioners claim the status of minority institution and they wanted to start Higher Secondary Courses for which the school has got necessary infrastructural facility. The Management sent statements in the prescribed form as required under the Tamil Nadu Recognised private Schools (Regulation) Act and Rules to the Directorate of School education for the grant of recognition for Higher Secondary Courses. It was also indicated that the petitioner-School, being a minority institution, is not required to create the Endowment of Rs. 25, 000 as stipulated under Rule 9 (2) (c) of the Tamil Nadu Recognised Private Schools (Regulation) Rules. The district Educational Officer returned the statement by proceedings dated 6. 7. 1998 directing the Management to produce records to show that the Endowment had been created and to obtain No Objection Certificate from Schools within 8 Kms., if any, and to submit particulars regarding the Joint account in respect of Higher Secondary Course. It is said that the insistence for the creation of an Endowment of Rs. 25, 000 has been held to be invalid in various decisions, insofar as Minority Institutions are concerned and, therefore, they cannot demand the same. In w. P. No. 14588 of 1998, a Statement was submitted to the respondents on 12. 8. 1998 informing them that being a minority institution, it is not required to create an Endowment. The same was refused to be accepted, which necessitated the filing of the writ petition.

(3.) IN view of the judgment in The Diocese of Kottar v. The State of Tamil Nadu, w. P. No. 497 of 1975 and also in view of the decision of the Honourable Supreme court mentioned above, there cannot be any doubt as to the minority status of the petitioners.