@JUDGMENTTAG-ORDER
K. Ravichandra Babu, J.@mdashMr.J.Gunaseelan Muthiah, learned Government Advocate takes notice for the respondents and by consent of both sides, the main writ petition itself is taken up for final disposal, since the issue involved in this case is squarely covered by a decision of this Court made in W.P.(MD).No.2433 of 2015, dated 25.02.2015 in favour of the petitioner.
2. Heard both sides.
3. The petitioner seeks for minority status. The proposal sent by the petitioner seeking for such minority status has been returned by the fourth respondent through the impugned proceedings dated 25.08.2014 with a direction to represent the same, after complying with certain conditions stipulated in the impugned order. Insofar as the condition Nos. 1 and 2, in respect of complying with G.O. Ms.No.375, School Education Department, dated 12.10.1998 and G.O.M.S. No. 214, School Education Department, dated 03.11.2008 are concerned, the petitioner is not having any grievance and the learned counsel for the petitioner would submit that the petitioner will satisfy the authorities that the application made by them was in accordance with the above said Government Orders. However, the grievance of the writ petitioner is against the third condition imposed in the impugned order directing the petitioner to produce Community Certificate of the Committee members of the Educational Agency. The said issue with regard to insistence of production of Community Certificate for considering the application seeking for minority status, had already been considered by this Court in the said decision referred supra, wherein, it is held at paragraph Nos. 6 and 7 as follows:
"6. The issue as to whether production of community certificate in respect of the members of the educational agency while seeking minority status of the institution is necessary has already been considered by this Court in the above said decision and found that such requirement is totally unnecessary. For proper appreciation, paragraphs 4 to 7 are extracted hereunder:-
"4. Learned counsel appearing for the petitioner submits that when already the relevant documents namely, Baptism Certificate issued by the Parish Priest has been produced in support of the minority status, there is no necessity for seeking production of community certificate from the Tahsildar to grant minority status by the Government. He further submitted that the very same issue was considered by this Court in W.P. No. 12418 of 2014 etc., by an order dated 10.09.2014, this Court has observed that the authorities are not justified in seeking for production of community certificate for the purpose of considering the application seeking for minority status.
5. Per contra, Mr.V.Muruganandam, learned Additional Government Pleader submitted that it is for the petitioner to prove that the members of the society belongs to Christian minority religion and therefore, this Court can issue direction to the authorities to consider the application based on the documents furnished by the petitioner institution in support of their claim for minority status and the petitioner may be directed to produce community certificate as it only strengthen the claim of the petitioner.
6. I am unable to appreciate the contention raised by the learned Additional Government Pleader appearing for the respondents as the very same issue was already considered and decided against them by the learned single Judge in an order made in W.P. No.12418 of 2014 etc., dated 10.09.2014. The relevant paragraphs 20 and 21 of the said order is extracted hereunder:
"20. On the reliance placed upon the decision in
21. IN K.M. Benedict Crizal Vs. Secretary to Government (decided on 11.07.2007, by K.Chandru, J, in W.P(MD)No.9424 of 2006), the learned Judge rejected a very identical contention raised by the respondents. Therefore, I am of the view that the stand taken by the respondents either in the impugned order or in the counter affidavit cannot be sustained. Hence, W.P. No. 22376 of 2014 is allowed, the impugned order is set aside and the respondents are directed to pass appropriate orders in accordance with law, within a period of eight weeks, taking into account the fact that the original educational agency, namely, the society registered under the Tamil Nadu Societies Registration Act has already been conferred with minority status and that they are also running several institutions. After the first respondent passes an order, the University shall take up the application and pass consequential orders. The other writ petitions are closed, in view of the fact that the last writ petition is for a larger relief and it has been disposed of as above. Consequently, connected M.Ps are closed".
7. Considering the above stated facts and circumstances and by following the earlier order passed by this Court in the above said writ petition, the impugned order passed by the fourth respondent is set aside insofar as the condition Nos. 2 and 3 are concerned. Consequently, the matter is remitted back to the respondents for considering the petitioner''s application seeking for minority status and to pass appropriate orders on the same on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order."
4. The learned Government Advocate appearing for the respondents fairly submitted that the third condition may be set aside and the matter may be remitted back to the authorities to consider the application of the petitioner on merits and in accordance with law, without insisting for production of Community Certificate, as sought for in the impugned order.
5. Considering the above stated facts and circumstances and by following the above referred similar order, this writ petition is allowed and the impugned order passed by the fourth respondent insofar as the third condition, namely requirement of production of Community Certificate, is set aside. Consequently, the matter is remitted back to the respondents to consider the claim of the petitioner seeking for minority status and to pass appropriate orders on the same, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
