URAVINMURAI INSTITUTIONS LEGAL STRUGGLE FOR OBTAINING RELIGIOUS DENOMINATION STATUS-II

On the pleadings it has been judeged by the first appellate Court that the suit claims for minority status is a total misconception and it is not known as to how the uravinmurai institutions could claim minority status within the meaning of Articles 26 of the Constitution of India.

So also Kanakaraj. J., in S.A. 1108 of 1991 took the identical view and rejected the claim of the Pandiyakula Kshatriya Nadars' Girls Schools, Managing Committee, Thirumangalam, for minority status. The judgement was that the claim of minority status by the uravinmurai institution is a misconception as the plaintiffs do not satisfy the conditions or the requirement of either linguisticminority or a religious minority. The managing board representatives claimed that the nadars of Thalavaipuram belong to a religious denomination and the Schools established by the said community for their community is a minority institution.

The word 'denomination' means a collection of individuals, classed together under the same name; a religious sect or body having common faith and organisation and designated by a distinctive name. Article 30 of the Constitution provides that all minorities based on religion or language, shall have the right to establish and administer educational institutions of their choice.

The contention of the learned counsel for the uravinmurai institutions could not prove that the common faithpeculiar to Vilampatti Hindu Nadar community and the members of "Vilampatti Hindu Nadar Community" are worshipping the idols Kaliamman and Karuppasami cannot be countenanced, because no peculiarity in worshipping the idols of Kaliamman and Karuppasami, which are deities for several sections of the Hindu community.

Hindu Nadar Community of Vilampatti’s does not show that the members of the Hindu Nadar community of Vilampatti have a common faith peculiar to themselves.

In the absence of evidence in this case to show that the Hindu Nadar community of Vilampatti have a common faith,that is to say a system of beliefs or doctrines or religious tenets peculiar to that community, the lower appellate Court is not correct in coming to the conclusion that the Hindu Nadars of Vilampatti is a religious denomination.

The Hindu Nadar Community of Vilampatti is not a religious denomination in order to get the benefits under Article 26 of the Constitution.

The Uravinmurai institutions failed to prove the following to the legal authorities whether the particular body of persons is a religious denomination:

(1) It must be a collection of individuals of individuals who have system of beliefs or doctrines which they regard as conductive to the spiritual well being that is a common faith;

(2) Common organisation; and

(3) Designation by a distinctive name.

The suit by uravimurai institutions is not a religious or charitable institution. By reserving separate and exclusive temples, burial grounds etc., the Hindu Nadars of Vilampatti cannot be defined as a religious denomination. The suit institution even assuming that the plaintiffs are religious denomination is neither a religious nor a charitable trust. No religious activity is carried on by them and it is not established and maintained to propagate religion. It is an educational institution, pure and simple imparting secular education and cannot be characterised as institution for religious and charitable purpose