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Judgment
N. Paul Vasanthakumar, J.—The prayer in the writ petition is to quash the order of the first respondent State Government vide G.O. MS. No. 363 Higher Education (E1) Department dated 08.10.2009 quash the same insofar as it restricts the status of the petitioner''s college as a Minority Educational Institution to a limited period of 5 years from 2007 to 2012. When the writ petition was posted for admission on 10.09.2012, learned Additional Government Pleader was directed to take notice and find out whether the matter in issue is covered by a decision of this Court in Asan Memorial Association Vs. The State of Tamil Nadu, and granted one week time.
Today, learned Additional Government Pleader, even though gone through the papers and Judgment, requested four weeks time for filing counter affidavit by the second respondent. As the issue involved in this case is already decided and only a question of law is raised in this writ petition which is already settled, I am of the view that counter affidavit is not necessary for the disposal of this writ petition.
The case of the petitioner is that the petitioner-College, namely, Loyola College, Chennai is one among the recognised educational institutions administered by the Loyola College Society formed by the members of the Congregation of Society of Jesus. The college was established by the St. Joseph''s Society, Tiruchirappalli, a society registered under the Societies Act (Registration No. 5228 of 1973) and for administrative convenience, a separate society namely, Loyola College Society was formed and it took over the College. The Loyola College Society is a registered Society bearing Registration No. 228 of 1973. It was originally registered under the Societies Registration Act No. XXI of 1860 and after the enactment of Societies Registration Act, 1975 which came into effect on 22.04.1978, the Society became deemed to be registered under the Societies Registration Act, 1975 by virtue of Section 53 thereof. The members of the Society of Jesus are popularly known as Jesuits in the State of Tamil Nadu. There are 480 Jesuits working in various schools and colleges, social services and social work centres in Parishes and in Mission Outreach Programmes. This Jesuit Province of Tamil Nadu is called the Jesuit Madurai Province. There are totally 5 Arts and Science Colleges including Loyola and 2 Colleges of Education under the Madurai Province. Some of the other premier institutions of higher education administered by the Jesuits in India are as follows:
Loyola-ICAM College of Engineering Technology (LICET), Chennai.
Loyola Institute of Business Administration (LIBA), Chennai.
Xavier Labour Research Institute (XLRI), Jamshedpur
Xavier Institute of Management (XIM), Bhubaneswar
Loyola College, Thiruvananthapuram
St. Xavier''s College, Ahmedabad
St. Xavier''s College, Mumbai
St. Xavier''s College, Kolkata
St. Joseph''s College, Bangalore
St. Joseph''s College, Trichy
St. Joseph''s College of Commerce, Bangalore
St. Aloysius College, Mangalore
Xavier Institute of Engineering, Mumbai
St. Xavier''s College of Management and Research, Mumbai
St. Xavier''s College of Education, Mumbai
St. Xavier''s College, Thiruvananthapuram
Andhra Loyala College, Vijayawada
St. Joseph''s College, Darjeeling
St. Xavier''s College, Ranchi
Xavier Institute of Social Studies, Ranchi
St. Xavier''s College, Palayamkottai
St. Xavier''s College of Education, Palayamkottai
Arul Anandar College, Karumattur-Madurai
Vidyajoti College of Theology, Delhi
Loyola College, Thiruvannamalai
Loyola College of Education, Chennai.
The object of the Society is to provide education in all streams to all, especially to the Roman Catholic Christians of the State and to maintain the spiritual educational, cultural, social, industrial, technical, agricultural, benevolent and other interests of the Society. The Loyola College was established in the year 1925. It became an autonomous college in 1978, it continues to remain affiliated to the University of Madras. The University confers the degrees On the students passing the examinations held by the college and the name of the college will be indicated in the degrees. All along, the college was recognised as a Minority Institution by the Government. The Society is the Educational Agency of the college. Although it is a Christian Religious Minority College, admission is not denied to anyone only on the ground of caste, creed, religion or language.
The Government issued G.O. Ms. No. 270 (Higher Education-J1) dated 17.06.1998, pursuant to which, the second respondent insisted the petitioner-college to get a separate order from the Government recognizing its status as a Minority. Accordingly, the petitioner-College applied to the first respondent through the second respondent requesting to recognize it as a Minority Institution. The college satisfied all the requirements contained in the said Government Order for the grant of minority status. The details are as under:
(i) The college has been established with the definite aim of promoting the educational interest and the social advancement of the Christian population.
(ii) The members of the Society which runs the college are all Christians by birth. They belong to the Roman Catholic order of Christianity.
(iii) The college has been functioning as a full-fledged Christian Minority Educational Institution.
(iv) The Educational Agency, namely, the Society is a Christian organisation.
(v) Christianity is a religion recognised and declared as Minority in the State of Tamil Nadu.
The first respondent issued orders recognizing the status of the college as Minority college for one year from 2004-2005. Every year applications were submitted by the petitioner and orders recognizing the college as Minority Institution were issued for the years 2005-2006 and 2006-2007.
The first respondent again issued an order in G.O. Ms. No. 363 Higher Education (E1) Department dated 08.10.2009 granting recognition as Minority Institution from 2007-2008 to 2011-2012 for a period of five years. The restriction of recognition as minority college for a period of five years is challenged in this writ petition on the ground that there is no change in the membership of the society and constitution of the educational agency and its objects.
The issue as to whether the Minority status given to the Institutions are bound to be renewed periodically, was considered by a Division Bench of this in a decision in Thirumuruga Kirupananda Variyar Thavathiru Sundaran Swamigal Medical, Educational and Charitable Trust Vs. State of Tamil Nadu and Another, wherein the Division Bench held that the minority status once granted need not be renewed periodically like a driving licence and once the Government, after satisfaction granted declaration, the same will hold good permanently. In paragraph 5 of the said Judgment it is held that
......the Government while considering the application made by the appellant, duly took into account the fact that, (i) all the Trustees belong to Ariya Vaisya Telugu speaking Chettiar only from the year 1981 till date; (ii) the Trust has not included any new member in the Trust so far; (iii) the Trust has also stated that the Management is a registered Charitable Trust and the Board of Management belong to Ariya Vaisya Telugu speaking Chettiar; (iv) the additional deed executed by the Trust reflects the main objective of sub serving the interests of the said minority community; (v) the Founders-Trustees, namely, (a) Thiru. A. Shanmughasundram (b) Tmt. S. Annapoorani and (c) Thiru. Saravanan who became a major at that time, belong to Telugu speaking Ariya Vaisya Chettiar Community and their mother-tongue is Telugu. By the aforesaid order dated 27.10.1997, the Government after verification of the documents produced, issued orders in the name of the Governor declaring the medical college run by the appellant as a linguistic minority institution for the purpose of Art. 30(1) of the Constitution of India. In the face of the uncontroverted facts and circumstances brought on record, we are of the considered opinion that this is a fit case where the appellant-Trust is entitled to its rights declared by the Government as a linguistic minority institution, as per G.O. Ms. No. 532, dated 27.10.1997 and the appellant will be eligible to continue to exercise its constitutional rights as recognised by the Government and the same is not liable to be effaced by the subsequent letter of the Government which is impugned in the writ petition out of which the present writ appeal arises. In conclusion, we hold that if any entity is once declares minority entitling to the rights envisaged under Art. 30(1) of the Constitution of India, unless there is fundamental change of circumstances or suppression of facts, the Government has no power to take away that cherished constitutional right which is a fundamental right and that too, by an ordinary letter without being preceded by a fair hearing in conformity with the principles of natural justice.
The said decision was followed in the decision in C.S.I. Institute of Technology, Thovalai Vs. The Government of Tamil Nadu & another reported in 2004 WLR 202. In paragraph 6, it is held as follows:
There is no provocation for the Government to insist on such renewal for every year when once the institution has been granted the Minority Status. Unless or otherwise, there is any change in the Constitution of the agency or any adverse information is received by the Government, which might lead to the conclusion that the declaration of the Institution is fraudulent and erroneous or the Management had undergone any change in its constitution, there is absolutely no need or necessity for the Government to expect such periodical renewal. Such requirement will unnecessarily lead to delay and red-tapism which is totally uncalled for. In the present case itself for the academic year 2001-2002 renewal is granted only on 20.11.2003, that too only because the petitioner has moved this Court. The administration of the school and the plight of the students cannot be kept under such unreasonable suspense and doubt which is totally unwarranted. Assuming that periodical check is necessary, the Government should evolve a methodology whereby renewal could be sought for once in five years or more and in such a manner that renewal should be applied for and granted atleast three or four months prior to the lapse of the said period. The present requirement of annual renewal is neither reasonable nor warranted. As stated earlier, it is always open to the authorities to call upon the management to explain the position if any adverse information is received by the Government. It is totally unreasonable to expect all the minority schools in the State to be knocking at the doors of the authorities every year and the authorities would pass orders only after two years as in this case in spite of filing of a writ petition.
The same was again followed by me in the decision in Asan Memorial Association Vs. The State of Tamil Nadu, ) a writ of prohibition was issued prohibiting the respondents from demanding minority status every year and also held that the minority status already granted by the Government to the said petitioner institution for the year 2000-2001 is valid without any restriction and further held that if there is any change in the educational agency or if the institution is run contrary to the Memorandum of Association, it is open to the Government to issue notice and pass fresh orders in accordance with law.
Applying the said Judgment to the facts of this case, the writ: petition stands allowed on the same terms. No costs. Consequently, connected miscellaneous petitions are closed.