CHRISTIAN EDUCATION HEALTH AND DEVELOPMENT SOCIETY AMBILIKKAI THROUGH ITS SECRETARY OFFICE AT AMBILIKKAI Vs. DIRECTOR OF SCHOOL EDUCATION HAVING ITS OFFICE AT MADURAI

JUDGEMENT

(1.) THE appellant is the plaintiff and the respondents are the defendants before the trial Court.

(2.) THE appellant/plaintiff filed the suit in O.S. No. 1115/79 on the file of Principal District Munsif's Court at Madurai for declaration that the institutions of the appellant/plaintiff are minority institutions protected under Article 30 of the Indian Constitution and for a consequential permanent injunction restraining the respondents/defendants from passing any order affecting the administration of the institutions of the appellant/plaintiff invoking Sections 3, 8, 10 to 18, 21 to 26, 31, 34, 39 to 47, 51 and 56 (2)(f) of Tamil Nadu Recognised Private Schools (Regulation) Act of 1973 (Tamil Nadu Act 29 of 1974) and the Rules 9, 12, 13. 14, 15, 17, 18, 21, 22, of the Tamil Nadu Private Schools Regulation Rules, 1974.

(3.) NOT satisfied with the findings of the first Appellate Court the appellant/plaintiff has preferred this Second Appeal. While admitting the Second Appeal my learned predecessor His Lordship Mr. Justice P.R. Gokulakrishnan, J. (as he then was) framed the following substantial questions of law that arise for consideration in this Second Appeal. (1) Whether the lower Appellate Court is justified in concluding that the plaintiffs educational Institutions are minority Educational Institutions coming under Article 30(1) of the Constitution of India reversing the judgment of the trial Court on the facts and circumstances of the case" (2) Whether Court below is justified in holding that to claim the minority character as Christian Minority Educational Institutions the plaintiff Society should have got prior permission from the Church and there should be priests and Bishops as members of the Society" (3) Whether the Judgment of the Court below is opposed to and contrary to the law laid down by the Supreme Court reported in 1959 SCJ 321 and the order of this Madras High Court in WP. No. 4478 of 1974 dated 17.12.1975" (4) Whether the Court below is justified in its conclusions that individuals belonging to the minority community cannot claim the minority right under Article 30(1) of the Constitution of India" (5) Whether the appellant/plaintiff is entitled to the reliefs of declaration and permanent injunction as prayed for"