Judgment 1. This Writ Petition, at the instance of an Engineering College, seeks a Writ of Mandamus, directing the State of Tamil Nadu and Anna University to treat the institution as a Minority Institution entitled to the protection under Article 30(1) of the Constitution of India, on the strength of the declaration dated 13.08.2010, issued by the National Commission for Minority Educational Institutions, New Delhi. BACKGROUND FACTS: 2. According to the petitioner, Annai College of Engineering and Technology was established by K.K.O. Mohamed Ibrahim Educational and Charitable Trust. The Trust was founded and managed by the members of a Minority Community with a solemn object of providing collegiate education to the members of Muslim Community. The College submitted an application before the National Commission for Minority Educational Institutions for appropriate declaration under Section 2(g) of the National Commission for Minority Educational Institutions Act, 2004. The National Commission was pleased to issue a declaration vide order dated 13.08.2010, declaring that Annai College of Engineering and Technology is a Minority Educational Institution covered under Article 30(1) of the Constitution of India. However, the State of Tamil Nadu refused to recognize the institution as a Minority Institution within the ambit of Article 30(1) of the Constitution of India. The petitioner submitted an application before the second respondent on 12.06.2014, requesting to recognize the institution as a Minority Institution and include it under the minority category for the purpose of Engineering College Admission for the year 2014-2015. Since the State of Tamil Nadu failed to direct the Anna University to include the name of the institution for counselling treating it as a Minority Institution, the petitioner is before this Court. 3. The Commissioner of Technical Education filed a counter-affidavit on behalf of the Government. According to the second respondent, the State is the appropriate authority to issue declaration regarding minority status. The petitioner has already submitted an application for granting them minority status and the same is pending. In short, the second respondent maintained that the application submitted by the petitioner for conferring minority status is now pending consideration by the Government. SUMMARY OF SUBMISSIONS: 4. The petitioner has already submitted an application for granting them minority status and the same is pending. In short, the second respondent maintained that the application submitted by the petitioner for conferring minority status is now pending consideration by the Government. SUMMARY OF SUBMISSIONS: 4. The learned Senior Counsel for the petitioner, by placing reliance on the provisions of the National Commission for Minority Educational Institutions Act, 2004 and the declaration issued by the National Commission for Minority Educational Institutions dated 13.08.2010, submitted that the Commission has already declared the petitioner as a Minority Institution. There is no need for another declaration by the State Government, inasmuch as the declaration given by the National Commission is binding on the State of Tamil Nadu. The learned Senior Counsel, by placing reliance on an earlier order passed by the Government in G.O.Ms.No.308, Higher Education (E1) Department, dated 25.08.2005, submitted that the Government have already given minority status to Annai College of Arts and Science, which is also an institution run by K.K.O. Mohamed Ibrahim Educational Trust, Thanjavur and as such, there will be no difficulty to include the name of the petitioner as a Minority Institution for the purpose of new admission. 5. The learned Government Advocate submitted that the State is the authority to declare minority status. 6. The only question that arises for consideration is as to whether the State is bound to treat the petitioner as a Minority Institution on the strength of the declaration given by the National Commission for Minority Educational Institutions. 7. The petitioner is an Engineering College located at Kovilacheri in the district of Thanjavur. The Institution was established by a Charitable Trust floated by the members of Muslim Community. The Charitable Trust earlier made an application before the Government to grant religious minority status to one of its constituent Colleges, by name Annai College of Arts and Science, Kovilacheri, Kumbakonam. The Government was pleased to grant the status for the academic year 2005-2006, subject to the guidelines to be framed in the matter. The order in G.O.Ms.No.308, Higher Education (E1) Department, dated 25.08.2005, clearly indicates that the status was given provisionally pending preparation of Regulations with regard to the procedure to be adopted for grant of minority status. 8. The Government was pleased to grant the status for the academic year 2005-2006, subject to the guidelines to be framed in the matter. The order in G.O.Ms.No.308, Higher Education (E1) Department, dated 25.08.2005, clearly indicates that the status was given provisionally pending preparation of Regulations with regard to the procedure to be adopted for grant of minority status. 8. The National Commission for Minority Educational Institutions passed a very brief order dated 01 July, 2009, whereby and whereunder, a declaration was made to the effect that K.K.O. Mohamed Ibrahim Educational and Charitable Trust is a Minority Educational Institution within the meaning of Section 2(g) of the National Commission for Minority Educational Institutions Act, 2004. 9. There is no dispute that Section 11(f) of the National Commission for Minority Educational Institutions Act, 2004 empowered the Commission to decide all questions relating to the status of an institution as a Minority Educational Institution and to declare its status as such. 10. The question as to whether minority status should be decided by taking into account the State as a Unit or the country as a whole, came up for consideration before the Supreme Court in T.M.A. Pai Foundation v. State of Karnataka [ 2002(8) SCC 481 ). The Supreme Court was of the view that determination of the status of the linguistic minority and religious minority should be made treating the State as a Unit. 11. The declaration dated 13.08.2010 on the file of the National Commission for Minority Educational Institutions does not contain any indication as to whether the petitioner was declared as a Minority Institution with reference to the State of Tamil Nadu or it was with reference to the country. 12. When it is made out that the State should be treated as a Unit for determining minority status under Article 30(1), the State is the appropriate authority to declare the minority status for the purpose of education. It is not as if the Trust was not aware of this position. The Trust earlier made an application for minority status in respect of one of its College and obtained an order for the academic year 2005-2006. It is not as if the Trust was not aware of this position. The Trust earlier made an application for minority status in respect of one of its College and obtained an order for the academic year 2005-2006. There is nothing on record to show that the Government have once for all declared that K.K.O. Mohamed Ibrahim Educational and Charitable Trust and the Educational Institutions run by the said Trust are entitled to the minority status and the protection granted by Article 30(1) of the Constitution of India. 13. The petitioner rightly made an application before the second respondent on 12.06.2014 requesting to grant minority status. The application is stated to be pending before the Government. The petitioner waited till the commencement of the academic year to submit an application for minority status. There is no question of directing the respondents to treat the petitioner as a Minority Institution under Article 30(1) of the Constitution of India and to permit them to make admission as a declared Minority Institution. Therefore, I do not find any merit in the contention taken by the petitioner. 14. The first respondent is now seized of the matter and every effort should be taken to dispose of the application dated 12.06.2014 on merits and as per law. 15. The Writ Petition is dismissed with the above observation. Consequently, the connected miscellaneous petition is also dismissed. No costs.