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2014 DIGILAW 1179 (MAD)

Secretary v. State of Tamil Nadu

2014-06-06

N.PAUL VASANTHAKUMAR

body2014
Judgment : 1. This writ petition is filed to issue writ of mandamus directing the 1st respondent State Government to consider and pass orders forthwith on the petitioner's application dated 22.5.2009 recognising the status of the petitioner-College as a Christian Religious Minority Educational Institution. 2. It is the case of the petitioner College that Nirmala College for Women, Coimbatore was initially affiliated to Madras University and now to the Bharathiar University founded and administered by the Governing Body of Nirmala College for Women, Coimbatore, which is a Society bearing registration No.9 of 1951 under the Tamil Nadu Societies Registration Act, 1975. The name of the Society was changed as “Nirmala Education Society, Coimbatore” on 19.2.2007, which was also registered in the office of the District Registrar, Coimbatore. The said Society was formed by the Roman Catholic Congregation of the Franciscan Sisters of the Presentation of the Blessed Virgin Mary, Coimbatore. The Congregation was also recognised as a Minority under Article 30(1) of the Constitution of India, as per the order of the Division Bench of this Court dated 24.9.1976 made in W.P.No.655 of 1975. Pursuant to the direction issued in the said writ petition, the Government of Tamil Nadu declared the said Congregation as a Minority vide Proceedings of the Director of School Education dated 20.11.1976 in 3. The petitioner College was established in the year 1948 with the aim of providing best general and secular education in Graduate and Post-Graduate levels to the people belonging to the Christian community and the Director of Collegiate Education, by order dated 21.12.1998 in Na.Ka.No.37010/F1/98 recognised the College as a Christian Religious Minority Educational Institution. There are 2234 students are studying in the College and 41 teaching and 27 non-teaching staff are working in the aided section of the College. The petitioner College has been now conferred with autonomous status by the University Grants Commission. The National Board of Accreditation accredited the College with “A Grade”. Even though, it is a Christian Religious Minority Institution, admissions are given to other religions, irrespective of caste, creed or language. 4. For declaring the minority status of the College, the petitioner College submitted application dated 22.5.2009 to the Director of Collegiate Education, through proper channel. Since there was no response, the petitioner College made reminders on 16.11.2009 and 18.3.2010 respectively to the Director of Collegiate Education, through proper channel i.e. the Joint Director, Coimbatore. 4. For declaring the minority status of the College, the petitioner College submitted application dated 22.5.2009 to the Director of Collegiate Education, through proper channel. Since there was no response, the petitioner College made reminders on 16.11.2009 and 18.3.2010 respectively to the Director of Collegiate Education, through proper channel i.e. the Joint Director, Coimbatore. Thereafter, the Joint Director called for a copy of the Original Trust Deed and the supplementary deed amending the object clause of the Bye-laws by Proceedings dated 25.5.2010. As there was delay in considering the application, the petitioner College made representation dated 26.11.2012. Based on which, the Joint Director by Proceedings in Na.Ka.No.9661-E1-2009 dated 05.12.2012 requested the 2nd respondent to issue orders to that effect. However, no order was passed. Again the petitioner College made representation to the 1st respondent on 24.9.2013 and by letter dated 09.10.2013, the 1st respondent instructed the 2nd respondent to send a revised proposal along with his recommendations after obtaining certain particulars from the College to consider the application for grant of Minority status viz., i. List of present members of the Society and Trust. ii. Certificate/T.C. of the present members of the Society for the proof of their religion. iii. % of minority students admitted in the College during the last 3 years from 2010-2011 to 2013-2014. iv. Copy of Special Resolution passed at the extra-ordinary General Meeting of the Society held on 26.3.2009 and 24.02.2012. v. The year from which the minority status to be granted to the College. Petitioner College submitted all the relevant documents and particulars to the 1st respondent through registered post on 18.10.2013 and 04.11.2013 respectively and till date no order has been passed inspite of expiry of more than five years. Petitioner College has sought for minority recognition in terms of G.O.Ms.No.270 High Education-J1, dated 17.6.1998. Since, no order has been passed by the 1st respondent on the application of the petitioner College dated 22.5.2009, Petitioner College has filed this writ petition seeking direction to the 1st respondent State Government to consider and pass orders forthwith on the application of the petitioner's College dated 22.5.2009. 5. Heard Mr. P. Godson Swaminath, learned counsel appearing for the petitioner and Mr. V. Subbiah, learned Special Government Pleader appearing for the respondents 1 to 3. 6. Mr. 5. Heard Mr. P. Godson Swaminath, learned counsel appearing for the petitioner and Mr. V. Subbiah, learned Special Government Pleader appearing for the respondents 1 to 3. 6. Mr. V. Subbiah, learned Special Government Pleader appearing for the respondents 1 to 3 submitted that 1st respondent may be directed to consider the application of the petitioner College dated 22.5.2009 on merits and pass orders by giving a reasonable time. 7. In the light of expiry of five years from the date of application, this Court is of the view that it is necessary to issue a direction to the 1st respondent to consider and pass orders on merits and in accordance with the guidelines for granting minority status on the application of the petitioner College dated 22.5.2009. 8. Accordingly, the writ petition is disposed of with a direction to the 1st respondent to consider and pass orders on merits and in accordance with law on the application of the petitioner College dated 22.5.2009, within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, M.P.No.1 of 2013 is closed.