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2017 DIGILAW 3835 (MAD)

State of Tamilnadu, Rep. by its Secretary, Chennai v. Principal & Secretary, Womens Christian College Chennai

2017-11-16

HULUVADI G.RAMESH, RMT.TEEKAA RAMAN

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JUDGMENT : RMT. Teekaa Raman, J. 1. Challenging the correctness of the order passed by the learned Single Judge in W.P.No.14694 of 2015, dated 14.5.2015, the State has preferred this writ appeal. 2. The respondent-College has filed the above writ petition seeking to issue a writ of certiorari to call for the records relating to the impugned G.O.Ms.No.74 Higher Education E1 dated 9.4.2010 issued by the State Government, quash the same insofar as it restricts the status of the writ petitioner college as a Christian Minority Educational Institution to a limited period of five years from 2010-2011 to 2014-2015 and the said writ petition was allowed by the learned Single Judge by an order dated 14.5.2015. 3. The short point that arises for consideration is whether the minority status given to the respondent-institution is bound to be renewed periodically or not. The similar facts have already been decided by the Division Bench of this Court in the case of Secretary, Jeyaraj Annapackiam College for Women Vs. State of Tamil Nadu Rep. by its Secretary & Others Subsequently, following the same, another judgment was rendered by the Division Bench of this Court dismissing the writ appeal in W.A.No.1130 of 2013, on 11.09.2017, wherein, it has been held that minority status need not be renewed periodically. However, a condition has been imposed as under:- "The minority status given to the appellant will hold good without any restriction period. However, if the respondents are able to find any change in the constitution of educational agency or if the institution is run contrary to the Memorandum of Association/Bye-laws of the Society, it is open to the Government to issue notice and take appropriate decision in accordance with law." [emphasis supplied] 4. We are in agreement with the views expressed by the Division Bench cited supra. In view of the same, we do not find any merit in the writ appeal and hence, the same is liable to be dismissed. Accordingly, the Writ Appeal is dismissed confirming the order passed by the learned Single Judge, subject to the condition as indicated above. The connected miscellaneous petition is closed. No costs.