Writ Petition No.45539 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.11.2025 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.45539 of 2025 and W.M.P.No.50723 of 2025 The Secretary Immaculate College For Women, Viriyur, Sankarapuram Taluk, Vilupuram District-606 401. Petitioner Vs 1.The State of Tamil Nadu Rep. By Its Principal Secretary, Department of Higher Education, Fort St. George, Chennai-600 006. 2.The Director of Collegiate Education, Saidapet, Chennai-600 015. 3.The Joint Director of Collegiate Education, Vellore Region, Vellore-632 006. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus prohibiting the respondents from 1/5 https://www.mhc.tn.gov.in/judis Writ Petition No.45539 of 2025 insisting the petitioner college to seek declaration of its minority character every year, or once in five years. For Petitioner : Ms.I.Abisha Isaac for M/s.Isaac Chambers For Respondents : Mr.M.R.Gokulkrishnan Additional Government Pleader ***** ORDER This writ petition has been filed seeking issuance of a writ of mandamus forbearing the respondents from insisting the petitioner college to seek for minority character every year or once in five years. 2. Heard Ms.I.Abisha Isaac, learned counsel for petitioner and Mr.M.R.Gokulkrishnan, learned Additional Government Pleader appearing for respondents. 3. The issue involved in the present writ petition is squarely covered by one of the order passed by this Court in W.P.No.11047 of 2021 dated 10.06.2024. For proper appreciation, the relevant portions are 2/5 https://www.mhc.tn.gov.in/judis Writ Petition No.45539 of 2025 extracted hereunder: “This writ petition has been filed challenging order dated 31.08.2017, passed by the first respondent, thereby restricting minority status of the petitioner institution for a limited period of five years from 2017-2018 to 2021-22. 2. This issue is no longer res integra. The Division Bench of this Court in the State of Tamil Nadu Vs. Secretary/Correspondent, Loyola College (Autonomous) has held that such restriction cannot be made and the minority status given to a minority Institution will hold good without any restriction of period. The Division Bench has also reserved liberty to the Government to proceed if it finds that there is any change in the constitution of the Educational Agency or if the Institution is run contra to the memorandum of Association/Bye-law of the State. There are other decisions of this Court taking a similar view. To quote one is Secretary, Jeyaraj Annapackiam College for Women Vs. State of Tamil Nadu reported in 2013 (8) MLJ 509. 3. In view of the above binding judicial pronouncements of this Court, the Writ Petition stands allowed. Consequently, connected miscellaneous petition is closed. There shall be no orders as to costs.” 4. The above position of law is now too well settled and this Court has repeatedly held that the respondents cannot insist for seeking declaration every year or once in five years. This Court has also made it 3/5 https://www.mhc.tn.gov.in/judis Writ Petition No.45539 of 2025 clear that if in case, there is any change in the constitution of the educational agency or if the agency is running contrary to the Memorandum of Association or bye-law of the State, the Government will proceed against the institution and take action. In the light of the above discussion, this writ petition is allowed as prayed for. No costs. Consequently, connected miscellaneous petition is closed. 24.11.2025 Index:yes/no Speaking order/Non-speaking order Neutral citation: yes/no gm N.ANAND VENKATESH, J. gm To 1.The Principal Secretary, 4/5 https://www.mhc.tn.gov.in/judis Writ Petition No.45539 of 2025 State of Tamil Nadu, Department of Higher Education, Fort St. George, Chennai-600 006. 2.The Director of Collegiate Education, Saidapet, Chennai-600 015. 3.The Joint Director of Collegiate Education, Vellore Region, Vellore-632 006. Writ Petition No.45539 of 2025 24.11.2025 5/5 https://www.mhc.tn.gov.in/judis