W.P. No. 24606 of 2012 and M.P. Nos. 1 & 2 of 2012. Case: The Secretary, Loyala College (automomous) Sterling Road, Nungambakkam, Chennai 034 Vs The State of Tamil Nadu, rep. By its Secretary, Department of Higher Education, Omandurari Govt. Estate, Chennai 600006, The Director of Collegiate Education, College Road, Chennai 600006 and The University of Madras rep. By its Registrar, University Centenary Building, Chennai 600005. High Court of Madras (India)
| Case Number | W.P. No. 24606 of 2012 and M.P. Nos. 1 & 2 of 2012 |
| Counsel | For Appellant: Mr. Isaac Mohanlal, Adv. and For Respondents: Mr. P. Sanjay Gandhi, Additional Government Pleader |
| Judges | N. Paul Vasanthakumar, J. |
| Issue | Constitution of India - Article 30(1) |
| Citation | 2012 WritLR 1078 |
| Judgement Date | September 17, 2012 |
| Court | High Court of Madras (India) |
Order:
N. Paul Vasanthakumar, J.
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The prayer in the writ petition is to quash the order of the first respondent State Government vide G.O. MS. No. 363 Higher Education (E1) Department dated 08.10.2009 quash the same insofar as it restricts the status of the petitioner's college as a Minority Educational Institution to a limited period of 5 years from 2007 to 2012. When the writ petition was posted for admission on 10 Sep 2012, learned Additional Government Pleader was directed to take notice and find out whether the matter in issue is covered by a decision of this Court in Asan Memorial Association Vs. The State of Tamil Nadu reported in 2009(6) CTC 579 = 2009 Writ L.R. 897 and granted one week time.
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Today, learned Additional Government Pleader, even though gone through the papers and Judgment, requested four weeks time for filing counter affidavit by the second respondent. As the issue involved in this case is already decided and only a question of law is raised in this writ petition which is already settled, I am of the view that counter affidavit is not necessary for the disposal of this writ petition.
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The case of the petitioner is that the petitioner-College, namely, Loyola College, Chennai is one among the recognised educational institutions administered by the Loyola College Society formed by the members of the Congregation of Society of Jesus. The college was established by the St. Joseph's Society, Tiruchirappalli, a society registered under the Societies Act (Registration No. 5228 of 1973) and for administrative convenience, a separate society namely, Loyola College Society was formed and it took over the College. The Loyola College Society is a registered Society bearing Registration No. 228 of 1973. It was originally registered under the Societies Registration Act No. XXI of 1860 and after the enactment of Societies Registration Act, 1975 which came into effect on 22.04.1978, the Society became deemed to be registered under the Societies Registration Act, 1975 by virtue of Section 53 thereof. The members of the Society of Jesus are popularly known as Jesuits in the State of Tamil Nadu. There are 480 Jesuits working in various schools and colleges, social services and social work centres in Parishes and in Mission Outreach Programmes. This Jesuit Province of Tamil Nadu is called the Jesuit Madurai Province. There are totally 5 Arts and Science Colleges including Loyola and 2 Colleges of Education under the Madurai Province. Some of the other premier institutions of higher education administered by the Jesuits in India are as follows:
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Loyola-ICAM College of Engineering Technology (LICET), Chennai.
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Loyola Institute of Business Administration (LIBA), Chennai.
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