STATE OF TAMIL NADU AND ORS. versus ST. JOSEPH .TEACHERS TRAINING INSTITUTE AND ANR. ETC.

Citation: [1991] 2 S.C.R. 231 · Decided: 08-04-1991 · Supreme Court of India · Bench: K.N. SINGH, K. RAMASWAMY · Disposal: Appeal(s) allowed

Judgment (excerpt)

STATE OF TAMIL NADU AND ORS. 
v. 
ST. JOSEPH .TEACHERS TRAINING INSTITUTE 
ANO ANR. ETC. 
. 
APRIL 8, 1991 
[K.N. SINGH AND K. RAMASWAMY, JJ.] 
A 
B 
Constitution of India, 1950: Article 30--Minority Community~ 
Establishing and administering educational institution-Fundamental 
right of-Conditions prescribed for recognition-Necessary for main-
taining educational standard-Not complying with the same-No right to 
C 
insist upon State to allow its students to appear in public examination. 
Practice and Procedure: Courts-Relief on humanitarian grounds 
-Grant of-Not to be contrary to law. 
In the appellant State, there were number of educational institu-
D 
tions running teachers training courses. Recognition was not accorded to 
some institutions 11s they did not fulitl the conditions. In other cases, the 
recognition was under consideration. Admittedly, none· of the res-
pondent-institutions was accorded recognition. 
Since the Education Department did not permit their students to 
E 
appear at the Public Examination, the respondent-institutions filed a 
Writ Petition before the Jligh Court praying for direction to the 
appellant-State to recognise the institutions and also for a direction 
permitting their students to appear at the Public Examination. 
Following the decision of the Full-Bench in similar cases, the Divi-
F 
sion Bench directed the appellant-State to arrange for supplementary 
examination in respect of the students of the respondent-institutions. 
Against the said Judgment the State has preferred these appeals, 
by special leave. 
Allowing the appeals, this Court, 
HELD: 1.1. In the absence of recognition from the Education 
Department the students pursuing their studies in such Institution could 
not appear at the public examination held by the Education Department. 
G 
The Full Bench rightly held that students of unrecognised educational 
H 
231 
232 
SUPREME COURT REPORTS 
[1991] 2 S.C.R. 
A institntions could not be permitted to appear at the public examination 
held by the Government. On its own findings, the Full Bench should have 
refused relief to the petitioners. The Full Bench's directions permitting 
the students to appear at the examination and directing the appellant 
authorities to make a special provision for supplementary examination 
were unauthorised and wholly unjustified. [234E-G] 
B 
c 
1.2. The Court cannot be a party to direct the students to disobey 
the statute as that would be destructive of the rule of law. Courts cannot 
grant relief to a party on humanitarian grounds contrary to law. Since 
the Division Bench issued the said orders following the Judgment of the 
Full Bench, the orders are not sustainable in law. 
Nageshwaramma v. State of Andhra Pradesh, [1986[ (Suppl.) SCC 
166 and A.P. Christians Medical Educational Society v. Government of 
Andhra Pradesh & Anr., [1986] 2 SCC 667, relied on. 
2.1. Under Article 30 of the Constitution minorities based on 
D 
religion or language, have fundamental freedom to establish educational 
institutions of their own choice, but the State has the right to prescribe 
regulatory provisions for ensuring educational excellence. Minority 
institutions which do not seek recognition are free to function according 
to their own choice, but if such an institution seeks recognition from the 
State .it has to comply with the prescribed conditions for granting 
E 
recognition and in that event the minority institution has to follow the 
prescribed syllabus for examination, courses of study and other allied 
matters. These conditions are necessary to be followed to ensure effi-
ciency and educational standard in minority institutions. [235C-F] 
F 
G 
H 
2.2 Even if a minority community has fundamental right to 
establish and administer educational institution, it has no right to insist 
upon the State to allow its students to appear at the public examination 
without recognition or without complying with the conditions prescribed 
for such recognition. [236A-B] 
All Bihar Christian Schools Association & Anr. v. State of Bihar & 
Ors., [1988] 1SCC206, relied on. 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 
1761-62 of 1991 
From the Judgment and Order dated 13.8.90 of the Madras High 
Court in C.M.P. Nos. 10274 and 10275 of 90. 
°"I 
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STATE OF TAMILNADU v. TEACHERS TRAINING INSTITUTE 233 
WITH 
C.A. Nos. 1763-18of 1991. 
V. Krishnamurthy for the Appellants. 
Mrs. N. Chidambaram, K. Parasaran, M.N. Krishnamani, G. 
Srinivasan

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