The Madras high court has reiterated that the minority status granted to educational institutions need not be renewed periodically and once the government, after satisfaction granted declaration, the same will hold good permanently, if there was no change in the educational agency or if there was no violation of memorandum of association of the society.
Justice N. Paul Vasanthakumar allowed the petition filed by Loyala College (autonomous), which sought to quash the order of the state government in so far as it restricts the status of the petitioner’s college as a minority educational institution to a limited period of five years from 2007-2012.
Issac Mohanlal, counsel for petitioner submitted that the college was established in 1925 and became an autonomous college in 1978.
It continues to remain affiliated to the University of Madras. All along, the college was recognised as a minority institution.
The Loyala College Society was the educational agency of the college. Based on a G.O dated June 17, 1998, the authorities insisted the college to get a separate order from the government recognising its status as a minority.
Accordingly, every year applications were submitted and orders were issued. The state government again issued the present impugned G.O granting recognition as a minority institution for five years from 2007.
Since there was no change in the membership of the society and constitution of the educational agency and its objects, the college has filed the present petition.
The judge said the issue as to whether the minority status given to the institutions were bound to be renewed periodically was considered by a division bench in Thirumugua Krupanana Variyar Thvathiru Sundara Swamigal Medical Educational and Charitable Trust case in 2001, wherein it was held that the minority status once granted need not be renewed periodically like a driving licence.