College won’t lose Malayalam minority status merely because Nairs dominate management: Madras HC

The Madras High Court recently refused to cancel the Malayalam linguistic minority status of Sree Ayyappa College for Women in Nagercoil over allegations that members of the Nair community dominated its management [Srinivasa Menon Vs State of Tamil Nadu].

A Bench of Justices CV Karthikeyan and R Sakthivel held that even if the institution’s present office-bearers were predominantly Nairs, that by itself would not affect its minority status so long as they were Malayalees and did not act against the interests of the Malayalam-speaking linguistic minority in Tamil Nadu.

The judgment was delivered on August 18 while dismissing a public interest litigation filed by S Srinivasan Menon, founder trustee of Devi Seva Sangam.

Menon had sought cancellation of the linguistic minority status of the college and the Sree Ayyappa College Educational Society, which runs it.

The college was granted Malayalam linguistic minority status in 1987 and receives financial aid from the Tamil Nadu government.

The petitioner’s principal allegation was that although the college was formally a Malayalam linguistic minority institution, it was in reality being controlled by the Kerala-based Nair Service Society.

He alleged that important posts in the college and its managing society were occupied by members of the Nair community from Kerala. He also claimed that 45 out of 49 teachers were Nairs and alleged irregularities in appointments, admissions and finances.

Menon further relied on the fact that the college displayed photographs of Mannathu Padmanabhan, founder of the Nair Service Society, in its calendars, magazines and prospectus and declared holidays on his birth and death anniversaries.

The Court, however, said that the college’s minority status was based on language and not caste.

“Even if the present office bearers are predominantly from Nair community as alleged by the writ petitioner, it is irrelevant so long as they are Malayalees and they do not act prejudicial to the interest of the Malayalam speaking linguistic minority residing in Tamil Nadu,” the Court said.

The Bench noted that the memorandum of association of the educational society showed that one of its objects was to promote education among Malayalam-speaking minorities in Tamil Nadu. It also recorded that any Malayalee could become a member of the society.

The Court found no material to conclude that these stated objects were merely a cloak or pretence.

It also rejected the contention that the institution should lose its minority status because Malayalees form a majority in Kerala.

The Court said linguistic minority status under Article 30 of the Constitution has to be determined with reference to the State in which the institution is situated.

It noted the State’s submission that less than 5 per cent of Tamil Nadu’s population speaks Malayalam and held that Malayalam is therefore, a minority language in Tamil Nadu.

“As long as the Malayalam speaking population residing in Tamil Nadu, form less than 50% of the total population of Tamil Nadu, they shall be considered as linguistic minority for the purpose of Article 30,” the Court said.

The fact that Malayalees form a majority in another State was irrelevant for deciding their minority status in Tamil Nadu, it added.

On the allegations relating to appointments and admissions, the Court said the petitioner had failed to substantiate his claims with material evidence.

It observed that merely pointing to some faculty members belonging to the Nair community was insufficient to establish that Nairs were being favoured in a manner prejudicial to the interests of the Malayalam-speaking minority in Tamil Nadu.

The Court also found the allegations of financial irregularities unsubstantiated.

Advocate KN Thampi appeared for the petitioner

State Counsel KK Udayakumar represented the State authorities

Senior Advocate Ajmal Khan appeared for Manonmaniam Sundaranar University

Senior Advocate Isaac Mohanlal represented the college and the educational society. Advocate J Anandhavalli appeared for the Nair Service Society.

Senior Standing Counsel R Nandakumar represented the National Commission for Minority Educational Institutions.

Advocate K Jeyamohan appeared for a respondent.

[Read Judgment]