LexST. JOHN'S TEACHER TRAINING INSTITUTE(FOR WOMEN), MADURAI versus STATE OF TAMIL NADU AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
•
...
ST. JOHN'S TEACHER TRAININC; INSTITUTE
(FOR WOl\IEN), MADURAI ETC. ETC.
ST ATE OF TAl\llL NADll AND ORS. ETC. ETC .
.JUNE 15, 1993
fKULDIP SINGH AND N.P. SINGH • .J.J.J
Ed11ca1 iona/ Im ti1111ions.
Tamil Na du Minority Schools ( Rl!Cognition and Pannell/ ll(Grants.) Rules,
A
/~
c
Teachers 1'rai11i11g /11stit11tes-G rant lf recog11itic111-Cc 111ditio11.~/i 1r-He/d,
instil/lies hcn•i11~ noper111a~1e111 recug11itio11 before iss11e <!lt'1e Rules are 1701111</ to
cumpfr 1ritlt nmditiom 1oq11al{f'r,/ill"pemw11e11t recug11itio11-Rule.~ du 1101 inti·act
Articles /.I mu/ 30( I) of tlte Constitution.
Tead1er-F.i/11cation progra111111e-Need ji)r i111pruve111e11t- Emplwsised.
Co11sti11t1ion 0//111/ia 1950:
I>
Articles /.I, /9( I) (g), 30( 1 )-Right lf mi11oritie.1· to establish eclucational
i11stiflltion-s-He/d, right is abso/we in terms but rnbject to reg11/aton·
E
111eas11res-171ere is no ji111da111enta/ right to recognition and any institute seeking
recog11itio11 .'i/1011/tl abide by the regulations prescribed by the Swte.
Artirles 32, 226-Ed11catio11al l11stitutio11s-Applicatio11sfor11·rit <~f'manda
mur to .eram recognition-Pra\'erfor directions to allow .\'flulenr.1· tu appear at
e.\l11ninatio11.1· meanwhile-Held. Courts slwuld not issue/lat tu a/lmr st11de111s lf
1111recog11ised institwions 10 appear at e.raminatiun pending lli.lposal lf writ
applications.
The resp<indent state, in the process 9f overhauling the methodology of'
teaching and administration of teachers training institutes in order to achieve
qualitative excellance in teacher education, amended the Tamil Na du Minor-
it~· Schools (Recognition and Payment of Grants) Rules, 1977 by G.O. No. 536
dated 17-5-1989 and No. 661dated12-6-91. The Rules besides pro\'iding for
instructions, teaching practice to he followed and minimum qualification tc1r
F
G
the stall~ prescribed certain other conditions regarding lan.d, building, hostel,
H
985
986
Sl 'PRE~'IE COl..RT REP< lRTS
I J 9'l>I ~ S.C.R.
A
turniture. lihrary, lahorator~·. teaching appliances, sports facilities,recogi1ised
middle school fo1· providing teaching practice to trainees. etc. to he satisfied
by a teachers training institute to qualify for grant of recognition. The
appellant.;/petitioners arc various Teachers Training Institutes in the State of
Tamil Nadu. claiming to be minorit~· educational institutions in terms of
Article 30(1) of the Constitution oflndia. The State <.~o\'ernment declined to
B
recognise these institutions on the ground that they failed to satist)' the
conditions for grant of recognition as provided under the Recognition Rules.
c
The appcllant.Jpetitioners tiled writ petitions before the High Court
challenging the validity ol'thc Recognition Rules on the ground that the same
were violative of Articles 30(1) and 14 of the Constitution. It was rnntcnded
that as the minorities have a fundamental right under Article 300) of tlie
Constitution to establish and administer educational institutions of their
choice, the conditions provided under the Recognition Rules were wholl~·
arbitrary and were designed to oustthe appellant.; from the educational-field;
and the the provisions were so onerous that it was dillicult rather impossible
D
·to comply with the same. The High Court dismissed the \\Tit petitions. The
appcllant..,/petitioncrs tiled the appeals and the special leave petitions.
It was contended on behalf of the appellant.., that the Rules could not he
made a1>plicable to the institutions already cstahlishcd and gh·en recognition
by the State Coven1mcnt under the directions of the Court; and that the
E
successful student-; ot'thesc institutions who had taken examinations be given
certificates.
F
This Court dismissed the appeals and the special leave petitions b~· it-;
order dated 25-5-1993 indicating that reasons therefor would follow.
Giving reasons for it-; order dated 25-5-1993, this Court
HELD : 1. The High Court was right in holding that none of the
c<~nditions for grant of recognition to teachers training institutes prescribed
under. the Tamil Nadu Minority Schools (Recognition and Payment of
G
Grant-;) Rules, 1977, infractcd Articles 14 & 30(1) of the Constitution. It
rightly_ culled-out the following principles :-
H
(i) The .fundamental right declared b.v Article 30(1) of the
Constitution is absolute in terms, but subject to regulatory
measures;
...
TEACHERS' 1:--s1 lf'l 'TE'" STA'IE OF TA\11Excerpt shown. Read the full judgment & AI analysis in Lexace.