State Minority Commission Cannot Call For Records From Minority Institutions To Verify Adoption Of Reservation Rule: Madras High Court

The Madras High Court has held that the State Minority Commission cannot call for the records from the minority educational institutions to verify the adoption of Rule for Reservation of seats.

The Court was considering Writ-Petitions against the order passed by the Member Secretary of State Minority Commission.

The single-bench of Justice L. Victoria Gowri observed, "......the State Minority Commission, which is empowered to function to safeguard the rights and privileges of the minority institutions do not have any locus standi to call for the records from the minority educational institutions to verify the adoption of Rule for Reservation of seats in Minority Educational Institutions, which is clearly excluded under Article 15(5) of the Constitution of India, in violation to the functions enumerated under Section 8 of the Tamil Nadu State Minorities Commission Act, 2010."

The Petitioners were represented by Senior Advocate Issac Mohanlal while the Respondent was represented by Government Advocate Ohm Prakash.

Facts of the Case 

The Petitioner Colleges are all recognized minority educational institution against the impugned proceedings which required them to depute officials along with authorization letter from the Principal along with the details of the student's admission with all admission records of the respective educational institution admitted in the past three academic years.

Senior Counsel for the Writ Petitioners submitted that the State Minority Commission lacks authority to fix any criteria in the matter of admission in minority institutions. He further insisted that the impugned proceedings involving in the matter of admission of students in minority educational institution is arbitrary, illegal and unconstitutional and the same is without jurisdiction. It was averred that The Tamil Nadu Private Colleges (Regulation) Act and Rules do not empower the Commission with any such power to direct the private minority educational institution to prescribe any percentage of admission. He further insisted that the admission of students being one of the most important facets of the right of administration guaranteed to the minorities under Article 30 of the Constitution of India, the third respondent lacks authority to impose such conditions abrogating or abridging the said fundamental rights.

Reasoning By Court

The Court at the outset looked into the functions of The Tamil Nadu State Minorities Commission Act, 2010, and observed, "A careful perusal of the functions enumerated under Section 8(1) of the said Act would make it clear that the powers conferred on the State Minority Commission is to function in such a way as to safeguard the communal harmony in the State by monitoring the working of the safeguards provided in the Constitution, Laws enacted by the State Legislature and Policies and Schemes of the Government for minorities. More particularly, the Commission should work towards avoiding discrimination against minorities. However, by means of the impugned proceedings, the third respondent, Member Secretary of the Tamil Nadu State Minorities Commission has required the writ petitioners, who are minority educational institutions to produce the complete student admission details for three academic years from 2016-2017 to 2018-2019 to verify whether the guidelines pertaining to the minority institutions as far as adoption of Rule for Reservation of seats has been complied with."

The Court mentioned 93rd amendment to the Constitution of India, to state that minority educational institutions referred to in Class 1 of Article 30 are clearly excluded from the purview of Article 15(5) which calls upon only on the State to make special provision by Law for the advancement of socially and educationally backward classes of citizens or scheduled caste or scheduled tribes pertaining to their admission to educational institutions other than the minority educational institutions.

The Court agreed with the submission that the State Minority Commission lacks locus standi to issue the impugned directions to the Minority Education Institutions.

Cause Title: The Secretary, Jeyaraj Annapackiam College, for Women vs. The State of Tamil Nadu

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