HC allows plea of minority educational institution

Updated on: Wednesday, August 19, 2009

Chennai: The Madras HC today prohibited the TN Govt from insisting minority institutions to secure a declaration of their status each year.

Justice N Paul Vasanthakumar, allowing a petition by a minority association running an educational institution, said Article 30(i) was a fundamental right under the Constitution which conferred certain privileges to minority institutions.

The petitioner, Asan Memorial Association, sought a direction from the court to prohibit the state authorities from insisting that the association seek a declaration of its minority character every year for the Asan Memorial Institute of Hotel Management and Catering Technology.

'The minority status already granted by the government to the petitioner institution to establish and administer by the association for the academic year 2000-01 still holds good without any restriction', the Judge held.

The Judge said if the institution was run contrary to the memorandum of association, it was open to the government to issue notice and pass fresh orders in accordance with law.

Stating that the government was bound to recognise the status conferred, the Judge said 'imposing the condition of getting minority status every year is an unreasonable restriction and cannot be permitted.

HC allows plea of minority educational institution

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