St. Antonys Teacher Training Institute v. The Government Of Tamil nadu, Chennai
2010-09-17
P.JYOTHIMANI
body2010
DigiLaw.ai
Judgment :- 1. Heard the learned counsel for the petitioner and the learned Government Advocate for the 1st and 2nd respondents. 2. The order impugned in these Writ Petition is G.O (ID) No. 226, School Education Department dated 28.8.2006 and the consequential order of the second respondent dated 01.09.2006, directing the petitioner Institutions, which are religious minority self-financing Institutions, to follow Rules of Reservation regarding admission of students in the said Institutions. 3. The said issue has been covered by a batch of Writ Petitions in W.P.Nos.37804 of 2006 etc., batch in the order dated 11.1.2008, wherein relying upon the judgment of the Supreme Court in P.A.Inamdar and others vs. State of Maharashtra ( 2005 (6) SCC 537 ), this Court has held that the said Government Order insofar as it compels unaided Non-minority and Minority Institutions imparting Teacher Education course to follow the reservation policy of the State Government in the matter of admission of students is arbitrary and unconstitutional, however holding that as held by the Supreme Court in P.A.Inamdars case, in the event of such Institutions voluntarily agreeing for certain seat sharing process based on the reservation policy of the State Government to take care of weaker and poorer sections of the Society, but subject to the merit as the main criterion of admission, the same is permissible. The following is the observation made in the above order: " 27. Therefore, as per the law declared by the Supreme Court as on date, it is abundantly clear that the State Government insisting on the private unaided Minority or Non-minority Educational Institutions to follow the policy of reservation in respect of admission of students under the Management quota of seats is totally arbitrary and illegal and the admission shall be made only based on merit In view of the above said legal position, the impugned Government Order in so far as it compels the unaided Non-minority and Minority Institutions imparting Teacher Education course to follow the reservation policy of the State Government in the matter of admission of students is arbitrary and unconstitutional.
However, as observed by the Supreme Court in P.A.Inamdars case, in the event of such Institutions voluntarily agreeing for certain seat sharing process based on the reservation policy of the State Government to take care of weaker and poorer sections of the Society, but subject to the merit as the main criterion of admission, the same is permissible. The Writ Petition stands allowed with the above observations." 4. Following the same, all the Writ Petitions stand allowed with the above observations. No costs. The connected Miscellaneous Petitions are closed.