SHIEIK KABOOR SAHIB, CORRESPONDENT AIDED MIDDLE SCHOOL Vs. STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF SCHOOL EDUCATION, DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) Heard Mr. K. Elangoo, learned Counsel for the petitioner and Mrs. K. Dhakshayani Reddy, learned Government Advocate for the respondents, who made her submission after receiving instructions from the respondents and perused the entire files relating the subject matter involved in this case.

(2.) The challenge in this writ petition is of the order passed by the Government dated 8.10.2007 under which the first respondent Government by referring to an application filed by the petitioner institution dated 11.4.2002 and based on the subsequent enquiry stated to have been conducted has decided that as per the Government order in existence, it is the Government who has to confer the status of minority to have the benefit under Article 30(1) of the Constitution of India.

(3.) The petitioner school was started in the year 1940 by the father of the petitioner, Late Abdul Kareem. It was established as a minority institution and according to the petitioner more than 90% of the population belonging to the Muslim community and it was started to promote educational requirement. The said institution was recognised by the Department and aids are also been granted. After the death of the petitioner's father, the petitioner being the correspondent is continued to maintain and administer the institution as minority institution. It is stated that he has made various representations to the authorities to recognise it as a minority institution, which was not considered.