11525, 11594, 11595, 11601, 11602, 11605, 11607, 11609, 11610, 11616, 11617, 11697, 11699, 11703, 11704, 11773, 11774, 11777 & 11778/2023

WP.Nos.10711, 10853, 10883, 11490, 11519, 11578, 11610, 11710, 11718, 11721, 11725, 11730, 11798, 11801, 11880 & 11883/2023

and

WMP.Nos.10660, 11788, 11789, 10774, 10775, 11370, 11372, 11413,

11414, 11474, 11475, 11524, 11525, 11594, 11595, 11601, 11602, 11605, 11607, 11609, 11610, 11616, 11617, 11697, 11699, 11703, 11704, 11773, 11774, 11777 & 11778/2023

S.S.SUNDAR, J., and

P.B.BALAJI, J.,

[Order of the Court was made by S.S.SUNDAR, J.,]

• T.Seenivasan, learned Special Government Pleader accepts

notice on behalf of the respondents in the above writ petitions.

• All the above writ petitions have been filed by Minority

Institutions challenging the constitutional vires of the Tamil Nadu Private Schools [Regulation] Act, 2018 and the Rules framed in the year 2023.

11525, 11594, 11595, 11601, 11602, 11605, 11607, 11609, 11610, 11616, 11617, 11697, 11699, 11703, 11704, 11773, 11774, 11777 & 11778/2023

• The Court heard the submissions of Mr.Isaac Mohanlal, learned

Senior counsel appearing for the writ petitioner in

WP.No.10711/2023 ; Father Xavier Arulraj, learned Senior counsel for Father Xavier Associates appearing for the writ petitioners in the other writ petitions and Mr.R.Shunmugasundaram, learned Advocate General assisted by Dr.T.Seenivasan, learned Special Government Pleader and Ms.AG.Shakeenaa, appearing for the respondents.

• The present Act is to replace the Tamil Nadu Recognised Private

Schools [Regulation] Act, 1973 [hereinafter referred to as ‘1973 Act’].

• Several provisions of 1973 Act were challenged and a Division

Bench of this Court, vide common order dated 17.12.1975 in WP.No.4478/1974 and etc batch [The Society of the Brothers of the Sacred Heart of Jesus, Palayamkottai, Tirunelveli District, by Rev.Bro.A.Thomas, SHJ, General Manager and Others Vs. The

11525, 11594, 11595, 11601, 11602, 11605, 11607, 11609, 11610, 11616, 11617, 11697, 11699, 11703, 11704, 11773, 11774, 11777 & 11778/2023

State of Tamil Nadu rep.by the Secretary to Government, Education Department, Fort St. George, Madras-9], struck down certain provisions of 1973 Act as inapplicable to minority institutions.  Thereafter, the common order of the Division Bench of this Court was taken on appeal.  After the decision of the Constitution Bench consist of 11 Hon’ble Judges of Hon’ble Supreme Court, in  T.M.A. Pai Foundation and Others Vs. State of Karnataka and Others reported in  2002 [8] SCC 481, the Hon’ble Supreme Court remitted the matters to this Court with a direction to re-examine the matters in the light of the judgment of the Constitution Bench of Hon’ble Supreme Court in Pai Foundation case [cited supra].  The Hon’ble Supreme Court, while remitting the matter, directed status quo to continue unless that Court so decides to modify the same in an appropriate application by any of the parties.

11525, 11594, 11595, 11601, 11602, 11605, 11607, 11609, 11610, 11616, 11617, 11697, 11699, 11703, 11704, 11773, 11774, 11777 & 11778/2023

• When the batch of cases were listed before the Division Bench of this Court earlier, the Division Bench of this Court, vide common order dated 10.10.2012 after recording the fact that 1973 Act would be replaced by a new one, disposed of the writ petitions and the review petitions with a direction to the respondents to maintain status quo as on the date of the judgment of the Division Bench of this Court dated 17.12.1975 striking down the constitutional vires of 1973 Act till a new comprehensive Act comes into force.
• Though the present Act, namely, Act 35 of 2019 has been notified earlier, the Rules have come into force only with effect from 13.01.2023.
• Though several provisions of the new Act are challenged before this Court on different grounds, the counter affidavit is yet to be filed. This Court reasonably believe that the pleadings would be completed only in June, 2023.

11525, 11594, 11595, 11601, 11602, 11605, 11607, 11609, 11610, 11616, 11617, 11697, 11699, 11703, 11704, 11773, 11774, 11777 & 11778/2023

• Though the learned Advocate General seriously opposed these writ petitions and submitted that the constitutional validity can be presumed, this Court is of the view that by applying the new enactment all of a sudden, will create uncertainty and it will be difficult even for the Government machinery to effectively control the Institutions without affecting the interest of the stakeholders. In such circumstances, this Court is of the view that the status quo as directed by this Court earlier, while disposing of the writ petitions and review applications vide common order dated 10.10.2012 may continue till 15.06.2023 with the hope that these batch of cases can be disposed of before that day.
• Accordingly, the respondents are directed to maintain status quo as on the date of the judgment of the Division Bench of this Court dated 17.12.1975, till 15.06.2023.
• It is represented that there are connected matters where the

11525, 11594, 11595, 11601, 11602, 11605, 11607, 11609, 11610, 11616, 11617, 11697, 11699, 11703, 11704, 11773, 11774, 11777 & 11778/2023

constitutional vires of 1973 Act is challenged.

• Hence, Registry is directed to list the connected writ petitions along with the above writ petitions on 06.2023.

[SSSRJ]          [PBBJ]

21.04.2023

AP

Internet    : Yes

 

 

 

 

 

11525, 11594, 11595, 11601, 11602, 11605, 11607, 11609, 11610, 11616, 11617, 11697, 11699, 11703,

11704, 11773, 11774, 11777 & 11778/2023

S.S.SUNDAR, J., and

P.B.BALAJI, J.,

AP

WP.Nos.10711, 10853, 10883, 11490, 11519, 11578, 11610, 11710, 11718, 11721, 11725, 11730, 11798, 11801, 11880 & 11883/2023 & WMP.Nos.10660, 11788, 11789, 10774, 10775, 11370, 11372, 11413, 11414, 11474, 11475, 11524, 11525,  11594, 11595, 11601, 11602, 11605, 11607, 11609, 11610, 11616, 11617,  11697, 11699, 11703, 11704, 11773, 11774, 11777 & 11778/2023

21.04.2023