Madurai: A division Bench of Madras High Court on Friday ruled that if a college is a religious minority institute then minority status given to it would hold without any restriction of period.
Setting aside the order of a single judge, Justices Paul Vasantha Kumar and P Devadoss, hearing the appeal filed by Jeyaraj Anna Packiam College for women, Periyakulam, said the appellant college is a religious minority institution... That is of Christian religion.
"It may be noted that Christians are minorities not only throughout India, but in Tamil Nadu. The same is also made clear in the Government Order, which said that to decide whether an applicant is a minority or not, based on religion or language, the total population of that minority in the state of Tamil Nadu should be taken into consideration, and not the population of that minority in that particular region where the educational institution was situated.
The single judge had issued the order upholding restriction of minority status without noticing the guidelines.
Besides the G.O. had not stated that minority status could be given to a limited period. Government was also not doubting the claim of minority status of the appellant college.3
The judges said the minority status given to the appellant would hold without any restriction period.
But if the college were able to find any change in the constitution of educational agency or if the institution was run contrary to the memorandum of association/bye-laws, then it was open to the government to issue notice and take appropriate steps as per law, the judges said.