MADRAS ENGLISH BAPTIST CHURCH Vs. STATE OF TAMIL NADU REPRESENTED BY THE COMMISSIONER AND SECRETARY EDUCATION DEPARTMENT AND ORS

JUDGEMENT

(1.) Petitioner in W.P. No. 1176 of 1981 is the appellant herein and the two respondents therein are the respondents herein. The writ petition was filed for issue of a writ of mandamus directing the respondents herein to grant permission to the petitioner School for upgradation without insisting on the creation of an endowment. (Ranking of parties as in writ petition).

(2.) Petitioner's Church is a Society registered under the Societies Registration Act, XXI of 1860. It is a religious minority institution, and it started an English Medium School and it became a Matriculation School recognised by University of Madras, and in 1978, Registrar of the University addressed the Director of School Education to include the name of the petitioner's school in the list of Matriculation Schools Under the Government. On 26.11.1977, petitioner had addressed the Director of Higher Secondary Education stating that the School authorities proposed to conduct plus two stage of higher Secondary Education but there was no response. On 24.4.1980, the Chief Educational Officer, Madras forwarded the prescribed pro forma for upgrading the school into a Higher Secondary School, and it was duly filled up and handed over to him. On 2.6.1980, the second respondent-Director was informed that Commerce Group in Part III in the First Year of plus two Course had been started. On 22.10.1980, second respondent wrote that, as the petitioner had not expressed its willingness to create a cash endowment of Rs. 25,000 for starting a Higher Secondary Course, the proposal has not been recommended to Government during the current year. It is consequent to this insistence of complying with the pre-condition for recognition to start the course, the writ petition had come to be filed.

(3.) In the counter-affidavit, respondents took up the stand that petitioner cannot rely upon the decision of the Division Bench of this Court in W.P. Nos. 4478 of 1974, 294 of. 1975, etc., because the provisions of Tamil Nadu Act 29 of 1974 are not applicable for the course involved in the writ petition, and that by virtue of G.O.Ms. No. 587, Education, dated 22.3.1978 creation of a cash endowment being a pre-condition to start the Higher Secondary Course, it in no way offends Articles 19 (1) (f) and 30 of the Constitution of India.