The bench of Justice CV Karthikeyan and Justice R Sakthivel was hearing a public interest litigation filed by a man seeking directions to the Tamil Nadu State Government, Director of Collegiate Education, Regional Joint Director of Collegiate Education, The Manomaniam Sundaranar University and the District Collector of Kanyakumari to cancel the minority status of Sree Ayyappa College for Women.

“As long as the Malayalam speaking population residing in Tamil Nadu, form less than 50% of the total population of Tamil Nadu, they shall be considered as linguistic minority for the purpose of Article 30. According to the learned State Counsel, in Tamil Nadu, less than 5% (probably much less) of the population speaks Malayalam and hence, Malayalam is considered as a minority language in the State of Tamil Nadu. The fact that Malayalees are numerically less than 5% in Tamil Nadu has not been seriously disputed. Hence, this Court has no hesitation to hold that Malayalam is a minority language as far as the State of Tamil Nadu is concerned, and the linguistic minority status of the sixth respondent - college run by the seventh respondent - society would not be vitiated on the ground that Malayalees account for majority of the population in Kerala,” the court observed.

The petitioner had challenged the minority status of the college alleging that it was practically functioning under the control of the Nair Service Society (NSS) in Kerala (a society for the interest of Nair community in Kerala).

The petitioner argued that the college displayed the photo of Mannathu Padmanabhan, founder of NSS and his photo was featured in the academic calendar, magazine and prospectus of the college. The petitioner also argued that the General Secretary, Director and other members of NSS were holding posts in the college. The petitioner further argued that the staff in the college were also appointed from the Nair caste and the students admitted also belonged to that caste.

The college and the trust which administers the college denied the allegations. It was submitted that the day-to-day administration of the Society and the college was being taken care of by the Executive Committee of 9 members and any Malayalee not below the age of 21 years was entitled to apply for membership.

The college informed the court that it was declared as linguistic minority by an order of court in 1987 and has duly complied with the requirements under the Tamil Nadu Private Colleges (Regulation) Act and the relevant rules. The college also submitted that though it was a Malayalam linguistic minority institution, admission was not denied to anyone on the ground of language, caste or creed and admission was strictly in accordance with the norms prescribed by the university and the UGC.

With respect to allegations of putting Late Mannathu Padmanabhan's photo in the college, it was submitted that he was a freedom fighter and social reformer in Kerala and his photo is printed as a mark of honour. The college submitted that the allegations in the petition were unfounded and malicious.

The court was not inclined to accept the contention of the petitioner. The court noted that the college was given minority status based on language and as long as it was run by minority, there was no harm to its minority status.

The court noted that even if the current office bearers were from Nair community, as long as they were Malayalees and did not act prejudicial to the interest of Malayalam speaking linguistic minority in Tamil Nadu, the minority status of the college would not be affected.

“In other words, whether or not respondents 6 and 7, being linguistic minority institutions, are being administered by members of Nair community forming the majority population in Kerala, so long as such members are Malayalees and their acts are not prejudicial to the interest of the Malayalam speaking linguistic minority people in Tamil Nadu, is irrelevant for determining the linguistic minority status of sixth respondent - college in Tamil Nadu,” the court said.

The court also added that if the petitioner thought that there was maladministration and misuse of aid or linguistic minority status, he was at liberty to approach the Government and then the National Commission for Minority Institutions.

Thus, finding no reason to interfere with the minority status of the college, the court dismissed the plea.

Counsel for Petitioner: Mr. K. N. Thampi

Counsel for Respondent: Mr. K. K. Udayakumar Counsel for State, Mr. Ajmal Khan, Senior Counsel for M/s. Ajmal Associates, Mr. Isaac Mohanlal, Senior Counsel for M/s. Isaac Chambers, Ms. J. Anandhavalli, Mr. R. Nandakumar, Senior Standing Counsel for Central Government, Mr. K. Jeyamohan

Case Title: S. Srinivasan Menon v The Government of Tamil Nadu and Others

Citation: 2026 LiveLaw (Mad) 409

Case No: WP (MD) No 12560 of 2020