State Cannot Question Minority Institution's Discretion To Run School With 2 Students, But Has Authority To Decline Grant: Madras High Court

The bench of Justice G Jayachandran and Justice C Kumarappan added that an institution, just because of its minority status could not manage their affairs contrary to the instructions of the Government.

“This is a case, where despite the instructions given by the State, the Management thought fit to run the school with two students. Neither the Court nor the State can question the discretion to run the school with two students. But, the State has every right and authority to decline grant to that school, which is paid from the public money. Just because, it is a minority educational institution, they cannot manage their institute contrary to the instructions of the Government when the instructions are in accordance with law,” the court said.

Background

The case involves two teachers who were teaching at the TDTA Primary and Middle School in Tirunelveli District, which was an aided minority educational institution managed by the CSI Diocese of Tirunelveli.

During 2005-2006, due to large-scale communal riots in the Village, and the murder of 8 persons, education was affected and the school strength went down from 78 to 2. Taking note of this, the Education Department thought it fit to close the school and redeploy the staff in the nearby school managed by the same Management. A notification in this regard was issued on December 29, 2006, asking the management to redeploy the two teachers and admit the two students to other nearby schools.

The management, however, complied with the direction only at the end of the academic year 2006-07 when the two teachers were relieved on June 11, 2007. When the management claimed the salary of the two teachers during the 2006-07 period, the Education Department declined the same.

When the two teachers separately challenged the Education Department's decision, in one case, the court directed the State to disburse the salary and another judge dismissed the teacher's plea. These orders were appealed by the state and the teacher respectively.

Though the management argued that the State could not deprive the grant, the State argued that the Management had refused to accept the instructions despite the State's advice and that such discretion exercised by the school should not be at the cost and risk of the State Exchequer.

The court agreed with the State's submission and held that the minority institutions' right to manage the institution should not be in comity with the instructions given by the Government. The court added that if the institutions went against the Government's instructions it had to manage the affairs on its own and should not seek a grant from the State.

The court thus set aside the order of the single judge directing payment of salary and dismissed the challenge against rejection of payment.

Counsel for the Appellant: Mr. D.Sadiq Raja Additional Government Pleader

Counsel for the Respondents: Mr.T.A.Ebenezer, Mr.A.Robinson

Citation: 2024 LiveLaw (Mad) 89

Case Title: The Secretary to Government and Others v Regina

Case No: W.A.(MD)No.1375 of 2015