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Judgment
A. Arumughaswamy, J.—The petitioner has come forward with the writ petition for the issuance of writ in the nature of certiorarified
mandamus to call for the records of the first respondent issued in G.O. (ID) No. 47, Higher Education (E1) Department, dated 4.3.2004, quash
the same and direct the first respondent to recognise the petitioner college as a Christian Religious Minority Institution. The case of the petitioner in
a nutshell runs as follows:- Annai Velankanni College, Tholayavattam was established by the Roman Catholic Priests who formed ""Friends of
Kottar"" Society, registered under the Societies Registration Act. The object of the society was to establish and administer Arts, Technical
Institutions in order to provide educational opportunities to Latin Catholic Christians, even though admission is not denied to people belonging to
other religions irrespective of caste and community. The said society for implementing the said avowed object established the petitioner college at
Tholayavattam, which is a most backward and Rural Area in Kanyakumari District in the year 1987-88. The said college is having affiliated to the
Manonmaniam Sundaranar University, having B.A., B.Sc., B.Com., and M.Sc., and M.C.A. courses.
The petitioner college applied for the grant of Christian Religious Minority Status before the first respondent on 9.10.2001 in accordance with
the G.O.Ms. No. 270 Higher Education (J1) Department dated 17.6.1998. In the said G.O. it is stated that the Government will hereafter verify
and determine as to whether the Educational Institution is a Minority Institution within the meaning of Article 30(1) or 26 of Constitution of India
subject to satisfaction of certain conditions. The petitioner college having satisfied the above guidelines issued by the Government applied to the
first respondent on 9.10.2001 with all enclosures. The said application having not been disposed of, the petitioner filed W.P. No. 6564 of 2002
and this Court by order dated 28.2.2002 directed the first respondent to consider the claim of the petitioner college and pass orders within a
period of 12 weeks. The second respondent conducted enquiry and sent a communication dated 8.5.2002 sought for certain clarifications. The
query raised by the second respondent was also clarified by specifically stating that there is no transfer of management. The first respondent
without considering the actual matter in issue and verify as to whether the petitioner college satisfied the norms issued in G.O.Ms. No. 270, has
erroneously rejected the request of the declaration of the petitioner college as minority college on the ground that the petitioner college was
established by different society and administered by a new society and there is no transfer of management of the college and therefore the request
of the petitioner college cannot be granted. The said order was passed through G.O. (1D) 47, Higher Education (E1) Department, dated 4.3.2004
and the petitioner having aggrieved is constrained to challenge the said order.
In the counter affidavit filed on behalf of the respondents it is contended that the petitioner college was established by the Friends of Kottar
Society and that the Friends of Kottar Society has authorized the Annai Velankanni College Administrative Society to administer the petitioner
college. It is made clear that there is no provision in the bye-laws of the parent Society to authorize a third party to administer the college.
Moreover, in the instant case the bye-laws have been provided and registered separately for the Friends of Kottar Society as well as Annai
Velankanni College Administrative Society. Thus, it could be construed that one Society has established the college and another Society runs the
college which is quite contrary to the existing laws. The petitioner college applied for granting Christian Religious minority status, but it was rejected
by the Government in G.O. (1D) No. 47, Higher Education Department, dated 4.3.2004 for the reasons that the very change of educational
society is not in order as per the provisions laid down in the Tamil Nadu Private Colleges (Regulation) Act, 1976 and hence the question of
conferring minority status applied by another Society does not arise. Further, the aims and objects of the Society of the ''Friends of Kottar'' as
stated in the Memorandum of Association are, the society is formed to initiate, support and promote the advancement of educational activities in
village for the children. It does not reveal that it subserves the interest of the Roman Catholic Christian Community. Further, according to the
Memorandum of Association of Annai Velankanni College Administrative Society, the object of the Society is to provide higher education to the
Society at large and the college is open to all irrespective of religion, caste or community. Hence, it cannot be taken that the Society of the
petitioner college subserves the interest of the Christian Community alone and as such the condition stipulated in para 8(i) of the guidelines issued in
G.O.Ms. No. 270, Higher Education Department, dated 17.6.1998 is not satisfied. It is evident from the above that the said college was
established by one society and administered by another society which is contrary to Article 30(i) of the Constitution of India. The ''Friends of
Kottar Society'' cannot be conferred with minority status as if fails to satisfy the above condition.
I have heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, appearing for the respondents.
The contention of the learned counsel appearing for the petitioner is that Annai Velankanni College, Tholayavattam was established by the
Roman Catholic Priests who formed ""Friends of Kottar"" Society, registered under the Societies Registration Act. The object of the society was to
establish and administer Arts, Technical Institutions in order to provide educational opportunities to Latin Catholic Christians. The said college is
having affiliated to the Manonmaniam Sundaranar University, having B.A., B.Sc., B.Com., and M.Sc., and M.C.A. courses. The petitioner college
applied for the grant of Christian Religious Minority Status before the first respondent on 9.10.2001 in accordance with the G.O.Ms. No. 270
Higher Education (J1) Department dated 17.6.1998 and since it has not been considered by the Government the petitioner filed W.P. No. 6564 of
2002 and this Court by order dated 28.2.2002 directed the first respondent to consider the claim of the petitioner college for the grant of Christian
Religious Minority Status. Even after the direction given by this Court, the first respondent has passed the impugned order rejecting the request of
the petitioner.
Hence he prays that the writ petition has to be allowed.
The learned Additional Government Pleader (Education) appearing for the respondent contended that the petitioner college was established by
the Friends of Kottar Society and that the Friends of Kottar Society has authorized the Annai Velankanni College Administrative Society to
administer the petitioner college for which there is no provision in the bye-laws of the Friends of Kottar Society to authorize a third party to
administer the college which is contrary to Article 30(i) of the Constitution of India. Further, according to the Memorandum of Association, the
aims and objects of the petitioner society does not reveal that it subserves the interest of the Roman Catholic Christian Community and as such the
condition stipulated in para 8(i) of the guidelines issued in G.O.Ms. No. 270, Higher Education Department, dated 17.6.1998 is not satisfied and
as such the ''Friends of Kottar Society'' cannot be conferred with minority status as it fails to satisfy the above condition. Therefore, the order of
rejection is in order. Hence he prays that the impugned order has to be upheld and the writ petition has to be dismissed.
I have carefully considered considered the rival submissions and also perused the typed set of papers.
It is not in dispute that the petitioner college was established by the Roman Catholic Priests who formed ""Friends of Cotter"" Society, registered
under the Societies Registration Act and affiliated to the Manonmaniam Sundaranar University having B.A., B.Sc., B.Com., and M.Sc., and
M.C.A. courses. The object of the society was to establish and administer Arts, Technical Institutions in order to provide educational opportunities
to Latin Catholic Christians. It is also not in dispute that the petitioner college applied for the grant of Christian Religious Minority Status before the
first respondent on 9.10.2001 in accordance with G.O.Ms. No. 270 Higher Education (J1) Department dated 17.6.1998. The Government by the
impugned order in G.O. (ID) No. 47, Higher Education (E1) Department, dated 4.3.2004 has rejected the request of the petitioner on grounds
namely:-
i) The Bye-laws of the ''Friends of Kottar'' and ''Annai Velankanni College administrative Society reveal that the Annai Velankanni College is
owned by the former Society and is administered by the latter Society. The Secretary of the Society has also accepted the same.
Further, except two members (viz., Fr. J. Lucas and Fr. M. Peter who found place in the two societies others are different persons even though
belonging to minority community.
It is evident from the above that the said College was established by one society and administered by another society which is contrary to Art 30(i)
of the Constitution of India and guidelines 8(ii) of G.O.Ms. No. 270 Higher Education dated 17.6.1998.
ii) As per guideline 8(i) of G.O.Ms. No. 270 Higher Education dated 17.6.1998, the object of educational institutions should be for promoting the
interests of minority concerned and should subserve the interests of the minority community concerned.
It is proved that the ''Friends of Kottar Society'' cannot be conferred with minority status as it fails to satisfy the above condition. On the other
hand, even though the Annai Velankanni College administrative Society satisfies the above condition, it cannot also be conferred with the minority
status, as it has not established the said college and is only administering the college.
iii) The ''Friends of Kottar Society'' has neither applied to the competent authority for change of Educational agency nor both the Friends of Kottar
Society and Annai Velankanni College Administrative Society have jointly applied to the competent authority for transfer of educational agency
and the persons to whom the management is proposed to be transferred as provided in Section 7(1)(a) and 7(1)(b) of the Tamil Nadu Private
College (Regulations) Act, 1976.
As the very change of Society is not in order as per the Tamil Nadu Private College (Regulations) Act 1976, the question of conferring minority
status to another society does not arise and accordingly the request of the petitioner first read above is rejected.
From the perusal of the records it is seen that the petitioner College was established by one society and administered by another society.
Further, the object of educational institutions should be for promoting the interests of minority concerned and should subserve the interests of the
minority community concerned. The ''Friends of Kottar Society'' fails to satisfy the above said conditions to confer with minority status. Moreover,
the ''Friends of Kottar Society'' has neither applied to the competent authority for change of Educational agency nor both the Friends of Kottar
Society and Annai Velankanni College Administrative Society have jointly applied to the competent authority for transfer of educational agency
and the persons to whom the management is proposed to be transferred. Hence, I am of the view that the reasons given by the first respondent for
rejecting the request of the petitioner is correct. I do not find any reason to interfere with the well considered order of rejection passed by the first
respondent. There is no merit in the writ petition and is dismissed accordingly. No costs. It is made it clear that the petitioner college should not
make admission for any course for the academic year 2013 onwards. Further, the second Respondent is directed to look into this aspect that the
students those who are completing the course of I year and II year in the petitioner''s college shall be accommodated in the course of II and III
year for the academic year 2013, in the nearby colleges so as to enable them to continue their studies without any impediment.