Aleena Mathew and Others v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** ## **THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR** **FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941** ## **WP(C).No.11280 OF 2019(H)** ## **PETITIONERS:** - **1 ALEENA MATHEW AGED 18 YEARS D/O MATHEW KURUVILLA, PERINGATTU HOUSE, THELLAKOM P.O., KOTTAYAM.** - **2 ANKITA MARIAM THOMAS D/O AJITH THOMAS MANGATTU ALEXANDER, BABY GARDENS, MAMPRA P.O., KODUKULANJI, CHENGANNUR, ALLEPPEY.** - **3 ANN TREASA ROSE D/O. BENNY CHINNAPPAN, TC XIII/265 (4) BETHEL, UMBAVU AVENUE, NALLANKARA, NETTISSERY P.O., THRISSUR.** - **4 ANJANA BIJU D/O BIJU P.D., PERUMATTIKKUNNEL HOUSE, MELMURUGODI, ARALAM.** - **5 ANN SONY D/O SONY DAVY C., CHAKOLA HOUSE, OPPOSITE NETHAJI GROUND, ARANATTUKARA THRISSUR.** - **6 AUSTIN KOSHY IDICULA S/O P.KOSHY IDICULLA, PERANGATTU MIZPAH, KALLUMALA P.O., MAVELIKARA, ALAPPUZHA.** ## **W.P.(C)No.11280 of 2019** ## **:-2-:** - **7 DEBORAH VALSA BIJU D/O BIJU STEPHAN, PLAMOOTTIL HOUSE, THIRUMOOLAPURAM P.O, THIRUVALLA.** - **8 EZRA THOMAS PULIMOOTTIL S/O SABU ABRAHAM, TC 12/3309, NIRA 66, NALANCHAIRA P.O., THIRUVANANTHAPURAM.** - **9 FEON BIJU D/O BIJU THOMAS, UMPUKAD HOUSE, CHINGAVANAM P.O., MOOLAMKULAM.** - **10 HANNA ANIL ABRAHAM D/O ANIL ABRAHAM, UNION BUNGLOW, UNION BUILDING, PUNALUR P.O., KOLLAM.** - **11 IRENE SUSAN MATHEW D/O THOMAS MATHEW, KARIMKUTTICKAL HOUSE, MEZHUVELI P.O., PATHANAMTHITTA.** - **12 JOBIN VARGHESE S/O VARGHESE MAMMEN, KOTTURETHU HOUSE, MUNDENCAVU, CHENGANNUR, ALAPPUZHA.** - **13 JISS K.ROY S/O ROY T.KATTUKARAN, KATTUKARAN HOUSE, BEHIND LOURD CATHEDRAL CHURCH, EAST FORT, THRISSUR.** - **14 KAVYA ANNIE ROJIN D/O ROJIN GEORGE ABRAHAM, CHAMPAKASSERIL HOUSE, NOORANAD, ALAPPUZHA.** - **15 MARION BIJU D/O BIJU PETER T., FLAT NO.9C, B BLOCK, OLIVE WOODSTOCK JNIS LINK ROAD, KALOOR.** - **16 MATHEW M. VARGHESE** - **S/O DR.MANOJ V. MATHEW, KAYALVARATHU, THEVALLY, KOLLAM.** ## **W.P.(C)No.11280 of 2019** ## **:-3-:** - **17 MEGHNA MARYANN EAPEN D/O. MANOJ EAPEN CHACKO, 12G, RDS OASIS, NETAJI NAGAR, KADAVATHARA P.O., KOCHI.** - **18 NARSAI PAUL MALIAKKAL S/O PAUL INASU M, MALIAKKAL HOUSE, ERAVATH LANE, CHELAKOTTUKARA, THRISSUR.** - **19 NEEBU KUNJACHAN S/O K.A.KUNJACHAN, MANU VILLA, KANIYODIKAL HOUSE, M.A. BALAKRISHNAN ROAD, ERNAKULAM.** - **20 NEHA GEORGE D/O GEORGE JACOB, VARAMBINAKATHU HOUSE, VALANJAVATTOM P O, THIRUVALLA.** - **21 NIKITHA ANN SIJU D/O SIJU C. ABRAHAM, CHERIYAMADATHIL, THONNALLOOR, PANDALAM.** - **22 PAUL PRINCE POKKATT S/O PRINCE P. PATHROSE, POKKATTU HOUSE, MAIN ROAD, THRIPUNITHURA, ERNAKULAM.** - **23 RIYA RACHEL GEORGE D/O. GEORGE C. JOSEPH, CHALAKUZHY HOUSE, KUTTAPUZHA P.O., THIRUVALLA.** - **24 ROHEN VARGHESE JACOB S/O SANJAI JACOB, MAZHUPPELIL HOUSE, KATTANAM, PALLICKAL.** - **25 SANTHI SUSAN THOMAS D/O. THOMAS P. GEORGE, PUTHUCHIRA HOUSE, KUTTAPUZHA P.O., THIRUVALLA.** - **26 SEARA SHYJU** - **D/O SHYJU K.DAVID, KALATHOTTUKARAN HOUSE, KALLEMPADAM, NILAMBUR.** ## **W.P.(C)No.11280 of 2019** ## **:-4-:** - **27 SARAH ABRAHAM D/O. ABRAHAM KURUVILLA, T.C.4/2027 (1), PATTAMBALATH, MUMMY'S COLONY 22, KOWDIAR, THIRUVANANTHAPURAM.** - **28 SEBA GEORGE D/O. GEORGE KURUVILLA, PATTAMBALATH, A-6, INNU APPARTMENTS KURAVANKONAM, KOWDIAR P.O., THIRUVANANTHAPURAM.** - **29 SERENA ALPHI D/O ALPHI JOSEPH CARDOZ, MANGALATH, 27 NEETHI NAGAR, PATTATHANAM P.O., KOLLAM.** - **30 SHARAN GEORGE THOMAS S/O DR.RENJIT THOMAS, PUTHEPURAKKAL PEEDIKAYIL, K.M.K JUNCTION, NORTH PARAVUR, ERNAKULAM.** - **31 SNEHA M. GEORGE D/O NEBU T. GEORGE, THAYIL HOUSE, PANAGAD, KULANADA, PATHANAMTHITTA DISTRICT.** - **32 SHREYA LISA THOMAS D/O REBY THOMAS ELSAN, MUNDAKATHIL REBY VILLA, PULLAD P.O., PATHANAMTHITTA DISTRICT.** - **33 SONA ANN JAMES D/O JAMESKUTTY JOSEPH, VETTICADPUTHENPURACKAL, NALUKODY, CHANGANASSERRY, KOTTAYAM DISTRICT.** - **34 TISJY THADISSERIL MOHAN S/O MOHAN T.THOMAS, THADISSERIL BUNGLOW, KIDANGANOOR P.O., PATHANAMTHITTA DISTRICT.** - **35 DELLA KURIAKOSE D/O K.P.KURIAKOSE, KALAMMALIL HOUSE, PAMPUPARA P.O., VANDENMEDU, IDUKKI DISTRICT.** - **36 SNEHA ELSA KOSHY D/O. KOSHY JOHN, MALAYIRATHU CHERUKOLE P.O., KOZHENCHERRY, PATHANAMTHITTA DISTRICT.** ## **W.P.(C)No.11280 of 2019** ## **:-5-:** ## **37 MARIA GEORGE D/O GEORGE MATHEW, NELLIKATTIL HOUSE, KOTHAMANGALAM, ERNAKULAM DISTRICT.** **BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA SRI.R.GITHESH SRI.AJAY BEN JOSE SRI.MANJUNATH MENON** ## **RESPONDENTS:** - **1 THE STATE OF KERALA REPRSENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 THE KERALA UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR, THRISSUR-680 596.** - **3 THE COMMISSIONER OF THE ENTRANCE EXAMINATIONS OFFICE OF THE COMMISSIONER OF THE ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHINAGAR, THIRUVANANTHAPURAM-695 001.** - **4 ADMISSION AND FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA REPRESENTED BY ITS CHAIRMAN, TC 15/1553-4, PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACADU, THIRUVANANTHAPURAM-695 014.** - **5 BELIEVERS CHURCH MEDICAL COLLEGE HOSPITAL ST.THOMAS NAGAR, KUTTAPUZHA P.O., THIRUVALLA PATHANAMTHITTA DISTRICT-689 103 REPRESENTED BY ITS PRINCIPAL, DR.B.SAMUEL CHITTARANJAN.** - **R2 BY SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE** **W.P.(C)No.11280 of 2019** **:-6-:** **R4 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES R5 BY ADV. SRI.C.S.AJITH PRAKASH R5 BY ADV. SRI.T.K.DEVARAJAN R5 BY ADV. SMT.T.N.SREEKALA R5 BY ADV. SRI.A.TJOSE R5 BY ADV. SRI.FRANKLIN ARACKAL R5 BY ADV. SRI.N.N.SUGUNAPALAN (SR.)** **OTHER PRESENT:** **SRI. M.A. ASIF-SPL. G.P.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **W.P.(C)No.11280 of 2019** ## **:-7-:** ## **Dated this the 4[th] day of October, 2019** ## **J U D G M E N T** ## **A.M.SHAFFIQUE, J.** This writ petition is filed by 37 students whose admission to M.B.B.S. Course in the 5[th] respondent College was not approved by the Admission and Fee Regulatory Committee for Medical Education in Kerala. Ext.P39 is the order issued by them which is impugned by the petitioners. 2. The petitioners contend that they are members of Believers Church which runs the 5[th] respondent College. They submitted their applications for admission to M.B.B.S. Course in the 5[th] respondent College for the academic year 2018-19. They are all qualified for being considered for appointment. The 5[th] respondent College is a minority institution and they are ## **W.P.(C)No.11280 of 2019** ## **:-8-:** permitted to conduct the Course with a total number of 100 students, out of which, 35 seats were to be allotted as per State's Reservation policy; 35 seats were given to the community, namely, Believers Church as minority seats; 15 to any other Christian category; 5 to NRI seats reserved for members of Believers Eastern Church and 10 seats for NRI seats reserved for any other Christian category. In the present _lis_ , we are concerned only with the number of seats allotted to the Believers Church minority seats and the NRI seats reserved for Believers Eastern Church. 3. Based on the prospectus conditions and other procedural formalities, all the petitioners were admitted to the 5[th] respondent College. However, when the admissions were sent for approval to the Committee, the Committee rejected the approval of the aforesaid 37 students on two ## **W.P.(C)No.11280 of 2019** ## **:-9-:** specific grounds; one is that there is no material to prove that the Believers Church is a minority institution and secondly, the certificates issued by the concerned authorities were not satisfactory. 4. It is submitted by the counsel for the petitioners that sufficient materials were produced to prove that Believers Church was a minority institution. Reference was made to Ext.P41 issued by the National Commission For Minority Educational Institutions, which indicated that the Medical College Hospital run by the Believers Church has been declared as a minority institution covered under Section 2(g) of the National Commission for Minority Educational Institution Act, 2004. The bye-laws of the Church has also been produced as Ext.R5(b), which would further indicate that the Believers Church is a faction of Christianity in so far as the Believers Church finds its origin in the ## **W.P.(C)No.11280 of 2019** **:-10-:** profound and historic statement as defined in Clauses 3, 4, 5 and 6 of Ext.R5(b) bye-laws, which read as under; “3. Believers Church affirms to be founded on the Word of God, the apostolic and historical Church traditions, faith and practices, Apostles' Creed and the Nicene Creed as the creedal declarations of the fundamental faith, adhering to traditions of St.Thomas the Apostle, and is part of the One, Holy, catholic and apostolic Church. 4. Believers Church finds its origin in the profound and historic statement of Jesus Christ, “upon this rock I will build my Church” (Mathew 16:18). The Church exists primarily for bringing glory to Jesus, and then to equip the believers for the ministry in obeying the commands of the Lord Jesus Christ, who is the Head of the Church. This is brought by the administration of sacraments, ministry of the WORD, and the proclamation of the Gospel to all peoples as commanded by our Lord Jesus Christ, known as the “Great Commission” found in the Gospel of Saint Mathew 28:18-20. 5. Believers Church, in conformity with the ## **W.P.(C)No.11280 of 2019** ## **:-11-:** faith of the Christian Church from the beginning as recorded in the book of Acts of the Apostles, believes in Jesus Christ, God incarnate for the redemption of humankind, and in the Triune God revealed by Him, who is Himself one in that Trinity. 6. The Holy Bible consisting of the sixty-six books comprised in the Old Testament and New Testament, accepted by the Believers Church as the basis of all matters of doctrine and faith, and the Apostles Creed and the Nicene creed formulated in accordance with the Holy Scriptures, shall not be altered in any manner by anyone and likewise, the ministry of Priest and Episcopa/Bishop, the rites of the Church viz. Church consecration, Holy Baptism, Holy Communion, Holy Matrimony, child dedication, prayer for the sick, funeral service and observance of Sunday, seasons of fasting and prayer shall not be abolished at any time.” 5. Perusal of the bye-laws apparently indicates that it is a part of the Christian Community and has been granted minority status by the National Commission for Minority Educational ## **W.P.(C)No.11280 of 2019** **:-12-:** Institutions in terms of Ext.P41 order. The Committee, however, proceeded on the basis that the aforesaid document is not enough to hold that it is a minority institution, in so far as the admissions are being made to Believers Eastern Church. Reference is made to Ext.R4(a) which is an answer to certain questions given on 14.11.2018, wherein, it is stated that the name of the Church had been changed to Believers Eastern Church effective from 17.2.2017. Merely for the reason that the nomenclature has been changed, it does not mean that the minority status of the institution is lost. Once minority status has been given taking into consideration various factors, change of name of the institution will not change the situation. Therefore, the Committee was not justified in observing that the Believers Church or the Believers Eastern Church has no minority status. ## **W.P.(C)No.11280 of 2019** ## **:-13-:** 6. The next reason for denying admission to the students is on the ground that the documents produced by them to prove the minority status are not proper and that apart, they have changed their minority status and had joined the Believers Church only during the academic year 2016-17. In fact, a Division Bench of this Court had already considered such an issue which was raised in an earlier occasion in a judgment dated 19.3.2019 in W.P. (C)No.37756 of 2018. It was held in paragraph 32 of the said judgment as under; “32. In the cases on hand, yet another finding of the Committee is that the students concerned were not members of CMS Anglican Church as their parents belonged to other congregations. A person belonging to some other Christian congregation can always choose another sect or congregation, but they remain as Christians and the fact that they have sought for changing their congregation, only in the year 2017 will not make any difference as long as it is the ## **W.P.(C)No.11280 of 2019** **:-14-:** fundamental right of every citizen to choose their own religion and for that reason the congregation.” The same reasoning applies in the present case also. To that extent, the finding of the Committee is erroneous. 7. Yet another factor which had been highlighted by the Committee, to deny admission to the students was that the community certificates were not proper. Exts.P2 to P38 are the community certificates that were produced before the College and the certificates from Revenue authorities were produced subsequently. In fact as per the provisions in the prospectus, the necessity was to produce either a certificate issued by the Parish Priest or the Bishop of the Diocese. This Court in the judgment in **Safe Development Alms Trust (SDA Trust) v. State of Kerala (2019(1) KLT 79)** , had directed that the community certificates should be ## **W.P.(C)No.11280 of 2019** ## **:-15-:** issued by the Revenue authorities as well. In the light of the aforesaid judgment, the certificates from the Revenue authorities were also produced. On a reference to Ext.P2 it would appear that the certificate had been issued by the Parish Priest/Bishop. When the first column of the certificate itself states that the same had been issued by the Parish Priest who is again stated to be the Certificate Issuing Authority and it is counter signed by the Bishop, there is no reason to doubt the genuineness of the said certificates. That apart, they have produced the certificates issued by the Revenue authorities before the Committee. The Priest had appeared in person and had produced all the documents and had confirmed that they were issued by him. Under such circumstances, we do not think that the Committee was justified in rejecting the said certificates. ## **W.P.(C)No.11280 of 2019** **:-16-:** When it is admitted that the Bishop had counter signed the documents, it is as good as the certificates issued by the Bishop and there was no reason to doubt the genuineness of the same. 8. It is submitted that two among the candidates had not produced the proper caste certificate. With reference to the candidates whose community certificates are produced as Exts.P36 and P38, the Revenue authority has issued minority certificates stating that they belong to Christian community and religion. The said certificates by itself will not change the nature and character of the community certificates that had been issued by the Parish Priest counter signed by the Bishop. Hence, their eligibility cannot be doubted. 9. Having regard to the aforesaid findings, we are of the view that the Committee clearly erred while arriving at a conclusion that the students ## **W.P.(C)No.11280 of 2019** **==> picture [44 x 9] intentionally omitted <==** are not eligible to be admitted to the College. We, therefore, allow the writ petition and set aside Ext.P39 order. The University is directed to register the names of the writ petitioners in the University forthwith and permit them to continue to attend the classes and write the examination in accordance with the procedure prescribed. Sd/- ## **A.M.SHAFFIQUE JUDGE** Sd/- ## **T.V.ANILKUMAR JUDGE** ami/ ## **W.P.(C)No.11280 of 2019** ## **:-18-:** ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF G.O.(RT) NO.2031/2018/H&FWD DATED 25.6.2018 ISSUED BY GOVERNMENT OF KERALA.** **EXHIBIT P2 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF IST PETITIONER.** **EXHIBIT P3 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 2ND PETITIONER.** **EXHIBIT P4 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 3RD PETITIONER.** **EXHIBIT P5 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 4TH PETITIONER.** ## **W.P.(C)No.11280 of 2019** ## **:-19-:** ## **EXHIBIT P6** **TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 5TH PETITIONER.** **EXHIBIT P7 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 6TH PETITIONER.** **EXHIBIT P8 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 7TH PETITIONER.** **EXHIBIT P9 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 8TH PETITIONER. EXHIBIT P10 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 9TH PETITIONER. EXHIBIT P11 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 10TH PETITIONER.** ## **W.P.(C)No.11280 of 2019** ## **:-20-:** **EXHIBIT P12 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 11TH PETITIONER.** **EXHIBIT P13 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 12TH PETITIONER.** **EXHIBIT P14 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 13TH PETITIONER. EXHIBIT P15 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 14TH PETITIONER. EXHIBIT P16 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 15TH PETITIONER. EXHIBIT P17 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 16TH PETITIONER.** ## **W.P.(C)No.11280 of 2019** ## **:-21-:** **EXHIBIT P18 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 17TH PETITIONER.** **EXHIBIT P19 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 18TH PETITIONER.** **EXHIBIT P20 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 19TH PETITIONER. EXHIBIT P21 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 20TH PETITIONER. EXHIBIT P22 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 21ST PETITIONER. EXHIBIT P23 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 22ND PETITIONER.** ## **W.P.(C)No.11280 of 2019** ## **:-22-:** **EXHIBIT P24 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 23RD PETITIONER.** **EXHIBIT P25 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 24TH PETITIONER.** **EXHIBIT P26 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 25TH PETITIONER. EXHIBIT P27 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 26TH PETITIONER. EXHIBIT P28 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 27TH PETITIONER. EXHIBIT P29 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 28TH PETITIONER.** ## **W.P.(C)No.11280 of 2019** ## **:-23-:** **EXHIBIT P30 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 29TH PETITIONER.** **EXHIBIT P31 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 30TH PETITIONER. EXHIBIT P32 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 31ST PETITIONER. EXHIBIT P33 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 32ND PETITIONER. EXHIBIT P34 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 33RD PETITIONER. EXHIBIT P35 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP AND THE CERTIFICATE ISSUED BY THE REVENUE OFFICIALS IN RESPECT OF 34TH PETITIONER.** ## **W.P.(C)No.11280 of 2019** ## **:-24-:** **EXHIBIT P36** **TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP IN RESPECT OF 35TH PETITIONER.** **EXHIBIT P37** - **TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP IN RESPECT OF 36TH PETITIONER.** **EXHIBIT P38** - **TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE PARISH PRIEST WHICH IS APPROVED AND COUNTER SIGNED BY THE BISHOP IN RESPECT OF 37TH PETITIONER.** - **EXHIBIT P39 TRUE COPY OF THE ORDER DATED 1.4.2019 IN AFRC 100/18/MBBS/BCMCH ISSUED BY IST RESPONDENT COMMITTEE.** - **EXHIBIT P40 TRUE COPY OF THE JUDGMENT DATED 19.3.2019 IN WPC NO.37756 OF 2018 OF THE HONOURABLE HIGH COURT OF KERALA.** **EXHIBIT P41** - **TRUE COPY OF THE CERTIFICATE DATED 14.7.2017 ISSUED BY THE SECRETARY OF NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS.** - **EXHIBIT P42** - **TRUE COPY OF G.O.(MS) 10/2019/H&FWD DATED 20.1.2019.** - **RESPONDENTS' EXHIBITS:** - **EXHIBIT R4 A** - **A TRUE COPY OF THE LETTER DATED 14.11.2018, SUBMITTED BY THE 5TH RESPONDENT BEFORE THE COMMITTEE** **EXHIBIT R4 B A TRUE COPY OF THE REPORT DATED 12.12.2018 OF THE VILLAGE OFFICER, VADAKKEVILA** ## **W.P.(C)No.11280 of 2019** - **:-25-:** - **EXHIBIT R4 C A TRUE COPY OF THE COMMUNITY CERTIFICATE DATED 26.6.2018 ISSUED BY THE VILLAGE OFFICER, VADAKKEVILA** - **EXHIBIT R4 D A TRUE COPY OF THE TRANSFER CERTIFICATE DATED 22.6.2018 ISSUED TO PETITIONER NUMBER 29, SERENA ALPHI** - **EXHIBIT R4 E A TRUE COPY OF THE NEET SCORE CARD ISSUED TO PETITIONER NUMBER 29, SERENA ALPHI** - **EXHIBIT R4 F A TRUE COPY OF THE STATEMENT OF 29TH PETITIONER** - **EXHIBIT R5 A A TRUE COPY OF THE TRUST REGISTRATION CERTIFICATE** - **EXHIBIT R5 B A TRUE COPY OF THE CONSTITUTION OF THE BELIEVERS CHURCH** - **EXHIBIT R5 (C) A TRUE COPY OF THE CERTIFICATE ISSUED BY THREE BISHOPS INCLUDING THE MODERATOR OF CSI CHURCH TO DR.K.P.YOHANNAN AFTER THE CONSECRATION CEREMONY** - **EXHIBIT R5 D A TRUE COPY OF THE LIST OF PARISHES MAINTAINED IN KERALA STATE** - **EXHIBIT R5 E A TRUE COPY OF THE LETTER OF PERMISSION DATED 10/6/2016 ISSUED BY THE MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA** - **EXHIBIT R5 F A TRUE COPY OF THE PROVISIONAL AFFILIATION ORDER FOR THE YEAR 2018-19 ISSUED TO THE 5TH RESPONDENT COLLEGE DATED 29/5/2018** - **EXHIBIT R5 G A TRUE COPY OF THE RENEWAL OF PERMISSION FOR ADMISSION OF THE 3RD BATCH OF 100 MBBS STUDENTS DATED 10/1/2018** ## **W.P.(C)No.11280 of 2019** ## **:-26-:** - **EXHIBIT R5 H A TRUE COPY OF THE CERTIFICATE ISSUED BY THE NATIONAL COMMISSION FOR MINORITY INSTITUTION** - **EXHIBIT R5 I A TRUE COPY OF THE EDAVAKA MEMBERSHIP REGISTER CONTAINING THE NAME OF THE 36TH PETITIONER** - **EXHIBIT R5 J A TRUE COPY OF THE INDEX OF THE CHURCH REGISTER OF THE BELIEVERS CHURCH, KOZHANCHERY PARISH.** - **EXHIBIT R5 K A TRUE COPY OF THE G.O.(RT)NO.2183/2017 DATED 3/8/2017** - **EXHIBIT R5 L A TRUE COPY OF ONE SUCH INTERIM ORDER DATED 14.8.2017 IN WPC 26366/2017** - **EXHIBIT R5 M A TRUE COPY OF THE ORDER OF THE AFRC 100/18/MBBS DATED 01/11/2018 ISSUED BY THE CHAIRMAN TO THE PRINCIPALS OF SELF FINANCING MEDICAL COLLEGE IN KERALA** - **EXHIBIT R5 N A TRUE COPY OF THE NOTIFICATION NO.AFRC 100/18/MBBS/SFMC DATED 7/11/2018** - **EXHIBIT R5 O A TRUE COPY OF THE LETTER DATED 12/11/2018 ISSUED BY THE PRINCIPAL OF MEDICAL COLLEGE** - **EXHIBIT R5 P A TRUE COPY OF THE ORDER OF THE AFRC NO.100/18/MBBS/BCMC DATED 29/11/2018** - **EXHIBIT R5 Q A TRUE COPY OF THE ORDER OF THE AFRC NO.100/18/MBBS/BCMC DATED 18/1/2019** - **EXHIBIT R5 R A TRUE COPY OF THE MINUTES OF THE HEARING HELD ON 30/1/2019 OF THE AFRC** - **EXHIBIT R5 S A TRUE COPY OF THE MEMORANDUM BEFORE THE GOVERNMENT OF KERALA TO INCLUDE THE NAME OF BELIEVERS CHURCH DENOMINATION IN THE MANUAL**