Anet Regi and others v Admission and Fee Regulatory Committee for Medical Education in Kerala and others (WP(C).No. 37725/18 & conn.cases; WP(C).No. 4271/2019; WP(C).No. 37756/2018; WP(C).No. 41590/2018)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** ## **THE HONOURABLE MR. JUSTICE A.M.BABU** **TUESDAY ,THE 19TH DAY OF MARCH 2019 / 28TH PHALGUNA, 1940** ## **WP(C).No. 37725 of 2018** ## **PETITIONERS:** |**1**|**ANET REGI**| |---|---| ||**AGED 19 YEARS**| ||**D/O REGI.M.G., MUKALUVILA VEEDU,**| ||**THALAVOOR (P.O),**| ||**KOLLAM DISTRICT.**| |**2**|**FEBHA SOSA MOHAN,**| ||**AGED 19 YEARS**| ||**D/O. MOHAN, 34, D8/1B BRINDAVAN NAGAR,**| ||**DASAMPALAYAM, METTUPALAYAM, COIMBATORE.**| |**3**|**SHARAN MARIAN ROY,**| ||**AGED 18 YEARS**| ||**D/O. ROY MULAMOOTIL SAMUEL,**| ||**MULAMOOTIL HOUSE, MUNDUKOTTACKAL,**| ||**PATHANAMTHITTA DISTRICT - 689649.**| |**4**|**ALLEN JOSEPH ROBERT,**| ||**AGED 18 YEARS**| ||**S/O. ROBERT JOSEPH,**| ||**MANCHERIKALAM (H), KURUSUMOODU (P.O.).**| ||**CHANGANACHERRY,**| ||**KERALA-686104.**| WP(C) No.37725/18 & conn.cases -:2:- **5 AKHIL G., AGED 20 YEARS S/O. GEORGEKUTTY ABRAHAM, CHAYANAICKAL KASHMEERAM, MORIKKARA P.O., KOZHIKODE.** - **6 GREESHMA VINCENT S., AGED 19 YEARS D/O. VINCENT, BS BHAVAN, OLATHANNI, NEYYATTINKARA P.O., THIRUVANANTHAPURAM.** - **7 ASHLEY M. STANLY AGED 19 YEARS D/O. STANLY VARGHESE, KUTTAMATHAYYATHU PUTHANVEEDU, PIDAVOOR, KOLLAM.** **BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.K.PAUL KURIAKOSE SRI.T.A.RAFEEK (CHERTHALA)** ## **RESPONDENTS:** - **1 ADMISSION AND FEE REGULATORY COMMITTEE FOR MEDICAL EDUCATION IN KERALA, REPRESENTED BY ITS CHAIRMAN TC 15/1553-4, PRASANTHI BUILDINGS, M.P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM- 695 014.** - **2 THE COMMISSIONER OF THE ENTRANCE EXAMINATIONS, OFFICE OF THE COMMISSIONER OF THE ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHINAGAR, THIRUVANANTHAPURAM - 695001.** - **3 DR. SAMUELL MEMORIAL C.S.I. MEDICAL COLLEGE, KARAKKONAM, THIRUVANANTHAPURAM -695504, REPRESENTED BY ITS PRINCIPAL.** WP(C) No.37725/18 & conn.cases -:3:- - **4 RT. REV. DAVID V. LUKOSE, BISHOP OF CMS ANGLICAN CHURCH DIOCESE OF TRAVANCORE - KOCHI, NEDUMKUNNAM P.O., KOTTAYAM - 686542.** - **5 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.** - **6 ADDL. R6. NIMYA R.J. D/O. JAIN LITTIZAL, KODITHARA MANNADI VEEDU, KADAVATTARAM, NEYYATTINKARA P.O., THIRUVANANTHAPURAM- 695 121.** - **7 ADDL. R7. AKSHAY AJITH, S/O. ABRAHAM AJITH, MOUNT SEENAI, NO.32-A, NPP NAGAR, PEROORKKADA, THIRUVANANTHAPURAM-695005.** - **8 ADDL. R8. JINCY DEV, D/O. SREEKALA SELVAM, MARACHEENI VILA, KADAVATTARAM, NEYYATTINKARA (P.O.), THIRUVANANTHAPURAM - 695121.** **ADDITIONAL R6 TO R8 ARE IMPLEADED AS PER ORDER DATED 27/11/2018 IN IA 1/2018.** **BY ADVS. SMT.MARY BENJAMIN, SC, FOR R1 SRI.R.T.PRADEEP FOR R3 SRI.G.BIJU FOR ADDL.R6 TO R8 SRI.V.A.VINOD FOR ADDL.R6 TO R8 SRI.ARUN.B.VARGHESE FOR R4 SPL.GP. SRI.M.A.ASIF (WITH AAG) FOR R2 AND R5** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 6.03.2019, ALONG WITH WP(C).4271/2019, WP(C).37756/2018, WP(C).41590/2018, THE COURT ON 19.3.2019 DELIVERED THE FOLLOWING:** WP(C) No.37725/18 & conn.cases -:4:- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MR. JUSTICE A.M.BABU** **TUESDAY ,THE 19TH DAY OF MARCH 2019 / 28TH PHALGUNA, 1940** **WP(C).No. 4271 of 2019** **WRIT PETITIONER:** **JOSHUA SAM KOSHY AGED 19 YEARS S/O.T.V.KOSHY,THOTTATHIL VAYALATHALA P.O,RANNY, PATHANAMTHITT-689672.** **BY ADVS. DR.K.P.PRADEEP SMT.ANJANA KANNATH SMT.NEENA ARIMBOOR SMT.T.THASMI SRI.SANAND RAMAKRISHNAN SRI.T.T.BIJU** ## **RESPONDENTS:** **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY,DEPARTMENT OF HEALTH AND FAMILY WELFARE,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** WP(C) No.37725/18 & conn.cases -:5:- - **2 COMMISSIONER FOR ENTRANCE EXAMINATION, FIFTH FLOOR,HOUSING BOARD BUILDINGS, SANTHI NAGAR,THIRUVANANTHAPURAM-695001.** - **3 ADMISSION AND FEE REGULATORY COMMITTEE, FOR MEDICAL EDUCATION IN KERALA,T.C.15/1553-4, PRASANTHI BUILDINGS,M P APPAN ROAD,VAZHUTHACAUD,THIRUVANANTHAPURAM-695014. REPRESENTED BY ITS CHAIRMAN.** - **4 DR.SOMERVELL MEMORIAL CSI MEDICAL COLLEGE, KARAKONAM,THRUVANANTHAPURAM-695504,REPRESENTED BY ITS PRINCIPAL** - **5 KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE.P.O,THRISSUR-680596, REPRESENTED BY ITS REGISTRAR.** - **6 THE MALANKARA MAR THOMA SYRIAN CHURCH, RANNI-NILACKAL DIOCESE T.M.A.M.MARTHOMA CENTRE, MANNIRAM,RANNY-689672,REPRESENTED BY ITS DIOCESAN SECRETARY.** **BY ADVS. SMT.MARY BENJAMIN, SC FOR R3 SRI.P.SREEKUMAR,SC,FOR R5 SRI.SANTHOSH MATHEW SMT.KARTHIKA MARIA SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL BY SPL.GP SRI.M.A.ASIF WITH AAG** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 6.03.2019, ALONG WITH WP(C).37756/2018, WP(C).41590/2018, WP(C).37725/2018, THE COURT ON 19.3.2019 DELIVERED THE FOLLOWING:** WP(C) No.37725/18 & conn.cases -:6:- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MR. JUSTICE A.M.BABU** **TUESDAY ,THE 19TH DAY OF MARCH 2019 / 28TH PHALGUNA, 1940** ## **WP(C).No. 37756 of 2018** ## **WRIT PETITIONERS:** |**1**|**HELENA ANN THOMAS**| |---|---| ||**AGED 18 YEARS**| ||**D/O THOMASKUTTY KOCHUKOSHY, AJO VILLA,**| ||**ARINALLOOR (P.O.), KOVOOR, KOLLAM DISTRICT.**| |**2**|**JISHA ANN SUNU**| ||**AGED 18 YEARS**| ||**D/O. SUNU C.G., CHIRAYIL HOUSE, VILAKKUDY P.O.,**| ||**KOLLAM**| ||**BY ADVS.**| ||**SRI.S.SREEKUMAR (SR.)**| ||**SRI.ELDO KURIAKOSE**| ||**SRI.K.PAUL KURIAKOSE**| |**RESPONDENTS**<br>**:**|**RESPONDENTS**<br>**:**|| |---|---|---| |**1**||**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.**| WP(C) No.37725/18 & conn.cases -:7:- - **2 THE COMMISSIONER OF THE ENTRANCE EXAMINATIONS, OFFICE OF THE COMMISSIONER OF THE ENTRANCE EXAMINATIONS ,HOUSING BOARD BUILDINGS, SANTHINAGAR, THIRUVANANTHAPURAM-695 001** - **3 DR.SOMERVELL MEMORIAL C.S.I. MEDICAL COLLEGE,, KARAKKONAM, THIRUVANANTHAPURAM-695 504, REP.BY ITS PRINCIPAL** - **4 RT.REV.DAVID V.LUKOSE, BISHOP OF CMS ANGLICAN CHURCH DIOCESE OF TRAVANCORE-KOCHI, NEDUMKUNNAM P.O., KOTTAYAM-686 542** - **5 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001** **BY ADVS. SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES R4 BY SRI.P.K.SURESH KUMAR (SR.) R4 SRI.ARUN.B.VARGHESE SRI.R.T.PRADEEP FOR R3 SRI.M.A.ASIF, SPL GP.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 6.03.2019, ALONG WITH WP(C).4271/2019, WP(C).41590/2018, WP(C).37725/2018, THE COURT ON 19.03.2019 DELIVERED THE FOLLOWING:** WP(C) No.37725/18 & conn.cases -:8:- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MR. JUSTICE A.M.BABU** **TUESDAY ,THE 19TH DAY OF MARCH 2019 / 28TH PHALGUNA, 1940** **WP(C).No. 41590 of 2018** ## **PETITIONER:** **AARON ABRAHAM PHILIP, AGED 18 YEARS S/O.DR.PHILIP ABRAHAM, PARACKAL, KAKKANAD LANE, KESAVADASAPURAM, THIRUVANANTHAPURAM-695 004.** **BY ADVS.** **SRI.SANTHOSH MATHEW SMT.KARTHIKA MARIA SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 THE COMMISSIONER FOR ENTRANCE EXAMINATION, OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATION, FIFTH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.** WP(C) No.37725/18 & conn.cases -:9:- - **3 THE ADMISSION AND FEE REGULATORY COMMITTEE, FOR MEDICAL EDUCATION IN KERALA, TC 15.1553-4, PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS CHAIRMAN.** - **4 DR.SOMERVELL MEMORIAL C.S.I.MEDICAL COLLEGE, KARAKKONAM, THIRUVANANTHAPURAM-695 504, REPRESENTED BY ITS PRINCIPAL.** - **5 MOST.REV.THOMAS K.OOMMEN, BISHOP OF CSI MADHYA KERALA DIOCESE, CSI BISHOP OFFICE, CATHEDRAL ROAD, KOTTAYAM-686 001.** - **6 THE VILLAGE OFFICER, ULLOOR VILLAGE, THIRUVANANTHAPURAM-695 501.** - **7 MR.RAJEEV SADANANDAN I.A.S., ADDITIONAL CHIEF SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **8 THE KERALA UNIVERSITY FOR HEALTH AND APPLIED SCIENCES, MEDICAL COLLEGE P.O., THRISSUR, KERALA-680 596, REPRESENTED BY ITS REGISTRAR.** **BY ADVS. SMT.MARY BENJAMIN, SC FOR R3 SRI.R.T.PRADEEP FOR R4 SRI.BABU KARUKAPADATH FOR R5 SRI.ANOOP VARGHESE SMT.M.A.VAHEEDA BABU SMT.V.R.LAKSHMI SRI.AVINASH P RAVEENDRAN SRI.K.M.FAISAL (KALAMASSERY) SRI.P.U.VINOD KUMAR SPL.GP SRI.M.A.ASIF (WITH AAG) FOR R1,2 AND 6 SRI.P.SREEKUMAR, SC FOR R8** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 6.03.2019, ALONG WITH WP(C).4271/2019, WP(C).37756/2018, WP(C).37725/2018, THE COURT ON 19.3.2019 DELIVERED THE FOLLOWING:** WP(C) No.37725/18 & conn.cases -:10:- ## **J U D G M E N T** ## _**Shaffique, J.**_ These writ petitions concern a common issue and therefore they are heard and decided together. Petitioners are students who obtained admission to MBBS course in Dr.Somervell Memorial CSI Medical College. All of them got selected based on the admission conducted by the Commissioner of Entrance Examination. Three of the students got admission under the Non Resident Indian (NRI) quota and 8 other students under the general quota reserved for candidates belonging to CMS Anglican Church. 2. In fact, the College being a minority institution coming under Art.30(1) of the Constitution was permitted to admit 100 students, out of which 35 seats were allotted to the Government as per an agreement entered into with the Government. 65 seats was intended for the community, out of which 50 seats were reserved under general quota and 15 under NRI quota. Out of the 50 seats, 35 was reserved for SIUC Nadar Community of South WP(C) No.37725/18 & conn.cases ## -:11:- Kerala Diocese, 3 for Dalit SIUC candidates from South Kerala Diocese (SKD) and Kollam-Kottarakkara Diocese, 2 seats for other SIUC candidates of SKD and Kollam-Kottarakkara Diocese and 10 for Members/Associate Members of CSI other than SKD and members from CCI. The seat matrix was revised on 25/6/2018 as per GO (Rt)No.2031/2018/H&FWD. It could be seen that a V[th] category was introduced as Members/Associate Members of CMS Anglican Church and 7 seats were allotted to them. In order to have the 7 seats, 3 were taken from category I, one from category II and 3 from Category IV. Members from CCI were excluded. 3. As far as NRI seats were concerned, originally 15 seats were reserved for SIUC Nadar community and while issuing the seat matrix in terms of Government Order dated 25/6/2018, a 3[rd] category has been incorporated for Members/Associate Members of CMS Anglican Church and 8 seats were allotted to them. It was also mentioned that, in the absence of any candidates in any of the categories, vacancies shall be reverted to open category. 4. A writ petition came to be filed before this Court by three students who also participated in the Entrance Examination and WP(C) No.37725/18 & conn.cases -:12:- had different ranks entitled for admission in the reserved category of SIUC Nadar community of South Kerala Diocese. They challenged the admission given to certain students who obtained admission under the NRI and general quota reserved for CMS Anglican Church and _inter alia_ seeking for a direction to consider the complaints given by them to the Admission and Fee Regulatory Committee, Chief Minister etc,. inter alia contending that the Government was not justified in admitting ineligible persons for the MBBS course and the community certificates submitted by them were fake. The writ petition was disposed of by a Division Bench of this Court as per judgment dated 10/9/2018 issued the following directions:- _“In the result, this writ petition is disposed of with the following directions:_ _i)The 3rd respondent shall conduct an enquiry into the allegation that respondents 9 to 13 have been granted admissions to the MBBS Course for the current academic year, though they are not entitled to be granted admission, going by the seat matrix, Ext.P11, and the further allegation that Exts.P22, P23 and P25 community certificates are fake and that they do not disclose the actual state of affairs. Such enquiry shall be conducted after affording an opportunity of being heard to all the interested persons. Such enquiry shall be completed as expeditiously as possible at any rate before 31.10.2018._ WP(C) No.37725/18 & conn.cases **==> picture [27 x 9] intentionally omitted <==** _ii) Respondents 1 and 2 shall initiate stern and effective action against all persons found guilty, including the criminal prosecution for the offence of securing admissions on the basis of the disputed certificates._ _iii) The 3rd respondent shall scrutinize the admissions granted to all students including respondents 9 to 13 and the respondents shall ensure that no ineligible person has been admitted._ _iv) The Writ Petition is disposed of accordingly.”_ 5. Ext.P11 was the seat matrix dated 25/6/2018. Apparently, the issue that ought to have been considered was whether the admission of respondents 9 to 13 are proper going by Ext.P11 seat matrix and whether Exts.P22, P23 and P25 community certificates are fake and does not disclose the actual state of affairs. The enquiry was directed to be conducted after affording an opportunity of being heard to all the interested persons. Consequential orders has also been passed. 6. Pursuant to the aforesaid direction, an enquiry was conducted by the Admission and Fee Regulatory Committee (hereinafter referred as the 'Committee') and an order had been passed on 15/11/2018 by which it was found that out of the 15 candidates under NRI quota, the admission of 3 candidates under NZ category stands rejected. That apart, it was found that 11 WP(C) No.37725/18 & conn.cases -:14:- students coming under the open category of minority had submitted fake certificates and therefore it was recommended that their admissions ought to be rejected. 7. A writ petition came to be filed before this Court as WP(C) No. 37900/2018 challenging the order passed by the Committee which was disposed on 22/11/2018, and the following directions had been issued:- _“In view of the above, this Writ Petition is disposed of with the following directions:-_ _1.The first respondent shall in exercise of the power under section 8(4) of Act 15 of 2017 consider exhibit P22 and shall take a decision in the matter, immediately. It shall be ensured that, no person who is a member of the third respondent is part of the decision making process under Section 8(4) of Act 15 of 2017 with respect to exhibit P22, in accordance with the above direction. Such decision shall be taken as expeditiously as possible and at any rate within a period of three weeks from today._ _2.We clarify that, we have not rendered any final decision on either the powers of the third respondent under Section 8 of Act 15 of 2017 or on the various factual contentions put forward by the counsel for the petitioner against exhibit P22. All such contentions are left open for the time being._ _3.Until a final decision is taken by the Government in accordance with direction No.1 above, with respect to the studies of the petitioner, the status quo as on the date of exhibit P22 shall be maintained.”_ WP(C) No.37725/18 & conn.cases -:15:- 8. In the meantime, two writ petitions were filed before this Court as WP(C) No.37725/2018 by 7 petitioners who got admission in the reservation category of Members/Associate Members of CMS Anglican Church and WP(C) No. 37756/2018 by two candidates who got admission under the NRI quota of CMS Anglican Church. 9. Government by order dated 11/12/2018 considered the decision of the Committee rejecting the admission of 11 students aforesaid and concurred with the view expressed by the Committee. The said orders are under challenge in WP(C) No. 41590/2018 and WP(C) No.4271/09. WP(C) No. 37725/2018 and 37556/18 had since been amended challenging the said Government order as well. 10. Substantially, the contention urged by learned counsel for petitioners is that none of the certificates issued by the Bishop of the respective congregation are fake. If the Bishop's certificate is not fake, the Controller of Entrance Examinations was justified in granting the admissions. Secondly it is contended that the Committee's order is passed by the Chairman and four members whereas the hearing was conducted by the Chairman and one WP(C) No.37725/18 & conn.cases -:16:- member. The candidates were not given an opportunity for legal representation and only the student was permitted to participate in the proceedings and their statements alone were recorded. The statement of other witnesses who were examined were not permitted to be cross-examined and thereby the principles of natural justice has been violated. 11. The Senior counsel for petitioners in WP(C) Nos.37725/2018 and 37756/2018, argued that the documents that had been produced before the Committee clearly establish the existence of CMS Anglican Church and a Bishop for the said church, which had not been considered in the proper perspective. The finding that the Bishop David V.Lukose is not the Bishop of CMS Anglican Church and the certificates issued by the Bishop are fake is clearly erroneous. 12. The petitioner in WP(C) No. 41590/18 has yet another contention. According to him, he got admission under the NRI quota under the reservation category of CMS Anglican Church. He was rank no.119 in whole christian category. According to him, persons lower in rank than the petitioner had been admitted by the Commissioner for Entrance examination at the time of mop- WP(C) No.37725/18 & conn.cases -:17:- up counselling held on 4/9/2018. In fact, he had by Ext.P16 requested the Principal of the College to permit him to opt for admission in the NRI quota in the general category. He had registered for mop-up counselling scheduled to be held on 4/9/2018 at 2 p.m. as evident from Ext.P17. Since he was already admitted to the MBBS course in the very same college, his claim was not considered. However, 7 persons in the lower rank have been granted admission in the NRI quota at Malabar Medical College and 3 others in two other colleges. His contention is that in so far as persons lower in rank than the petitioner were given admission in the NRI quota for Christian community in other colleges, even assuming that there was any irregularity in his admission in the aforesaid college, he ought to have been given admission in the general quota of Christians and in so far as persons lower in rank than him had been admitted, there is no reason why he should be denied the admission. 13. In WP(C) No. 4271/2019, petitioner had claimed reservation based on Ext.P4 in the quota earmarked as ZW i.e., other CSI candidates of SKD and Kollam-Kottarakkara Diocese. His allotment memo is Ext.P6 dated 12/8/2018 pursuant to which he WP(C) No.37725/18 & conn.cases -:18:- joined Dr.Somervell Memorial CSI Medical College. He was also one among the candidates who was considered by the Committee in the impugned orders and, pursuant to the decision of the Committee, his admission had been cancelled on 17/11/2018. Ext.P13 is the certificate issued by the Vicar of the Church which is relied upon by the petitioner. It only indicates that the petitioner is a member of Marthoma Church, Keekozhoor, Ranni, and the certificate is issued by Rev.Varghese K.Thomas, Vicar of the Church. The Tahsildar, Ranni has also issued a certificate stating that the candidate belongs to ChristianMarthoma community. Ext.P15 is a community certificate issued by Village Officer, Cherukol on 28/6/2018 wherein it is stated that the petitioner belongs to Member/Associate Member of CSI other than SKD. Subsequently, another certificate is issued as Ext.P16 indicating that petitioner is an Associate Member of CSI other than SKD. Petitioner submits that as per Government order dated 23/6/2018, the IV[th] category of seat matrix was indicated as Members/Associate Members of CSI other than SKD and members from CCI. Petitioner submits that the Government Order dated 23/6/2018 has subsequently been revised as per Government WP(C) No.37725/18 & conn.cases -:19:- Order dated 25/6/2018. His contention is that as per the seat matrix dated 23/6/2018, seats were available for members from CCI which is Communion of Churches in India. The contention urged is that Marthoma Church is in communion with CSI church and they are associated in the matter of religious rites and rituals. It is also contended that exclusion of CCI from the category of seat matrix is arbitrary which had resulted in him being thrown out from the reservation provided for such categories. 14. Counsel for petitioners also placed before us the decision of a Division Bench of this Court in _**Kerala Self Financing Dental College, Kothamangalam v. State of Kerala**_ (2017 (4) KLT 809) declaring S.5(3) of the Kerala Medical Education (Regulation and Control of Private Medical Education Institutions) Act of 2017 (hereinafter referred as the Act), which fixed a quorum for the Committee meeting as _ultra vires_ the statute. Therefore, unless the entire Committee considers the issue involved in the matter, the order passed by the Committee becomes null and void. Consequently, the Government order accepting such a recommendation also becomes null and void. In WP(C) No.37725/18 & conn.cases -:20:- yet another judgment dated 28/2/2019 in WP(C) No.31473/2017 and connected cases, another Division Bench of this Court followed the aforesaid judgment and further held at paragraphs 25 and 26 as under:- _“25. However, the counsel appearing for the Committee draws our attention to sub section (6) and (7) of Section 4 which permits the committee to formulate its own procedure to contend that all members need not be present at its meetings. The said provisions are reproduced hereunder for convenience of reference:-_ _(6) No act or proceedings of the Committee shall be deemed to be invalid by reason of any defect or irregularity in its constitution or on the ground of existence of any vacancy in the office of any member._ _(7) The Committee shall regulate its own procedure for the conduct of its business._ _26. What the above provisions provide is only that, no act or proceedings of the Committee shall be invalid for the reason of any defect or irregularity in its constitution. Here, there is no irregularity in the constitution of the Committee and therefore, the said provision can have no application here. Sub section (7) empowers the Committee to regulate its procedure for the conduct of its business. The said provision also cannot replace the provision stipulating the quorum. The said provision would entitle the Committee only to regulate its own procedure. In view of the above, we are not satisfied that the above provisions are sufficient to cure the defects of the impugned orders. The judgment of the_ WP(C) No.37725/18 & conn.cases **==> picture [27 x 9] intentionally omitted <==** _Division Bench referred to above has become final and binding. Therefore, the impugned orders not having been passed by the AFRC with its full quorum cannot be sustained”._ It is therefore pointed out that the matter was heard only by the Chairperson and a member. Thereafter, the Committee's decision is seen taken by the Chairman and four members together, which is _per se_ illegal. 15. We heard the learned Government Pleader appearing for the State, learned counsel appearing for the Committee and the learned counsel appearing for the private respondents. 16. Learned counsel appearing for the private respondents argued that the Committee had evaluated the evidence before it and found that the Village Officers concerned had issued certificates based on the certificate issued by a Bishop who is found to be not the Bishop of CMS Anglican church and therefore the certificates are fake and cannot be accepted. He also referred to certain certificates produced by the petitioner subsequent to the filing of writ petition. By an interim order dated 27/11/2018 in WP(C) No. 37725/2018, this Court permitted the petitioners to produce fresh certificates from the competent authorities. Learned counsel points out that even those certificates from the WP(C) No.37725/18 & conn.cases -:22:- revenue authorities are submitted without proper enquiry into the matter. 17. Learned counsel appearing for the Committee submitted that the Committee had taken a decision on the basis of the facts placed before it and had relied upon materials produced before it. As far as the jurisdictional question is concerned, it is contended that the question had been raised even earlier before this Court when the previous Act was in force. There was a provision which enabled the Committee to prescribe its own procedure for conduct of business based on which the Committee had in its decision dated 28/9/2017 decided that the Chairman and two other members can take up the matter for hearing and pass final decision and such decision shall be treated as the decision of the Committee for all purposes. Chairman and two members can take up matters for hearing of all complaints and take a decision, but the final decision shall be taken only in the meeting of the Committee by the Chairman and two other members. Relating to denial of admission to deserving students/ induction of ineligible students, it was decided that the Chairman along with one member can take final decision and such decision will be treated WP(C) No.37725/18 & conn.cases -:23:- as the decision of the Committee for all purposes. Such decision has to be placed for ratification by the Committee consisting of two persons along with the Chairman. It is therefore submitted that even earlier a Division Bench of this Court had approved such a decision taken by the Committee and therefore the said decision applies to the present factual situation as well, as immediately after the Act coming into force, a decision was taken by the Committee as envisaged u/s 4(7) of the Act. 18. We also heard the learned counsel appearing for the 5[th] respondent in WP(C) No. 41590/2018. In his affidavit, it is stated that he had issued Ext.P6 community certificate in favour of the petitioner who is the member of CSI Christ Church under the CSI Madhya Kerala Diocese. He further stated that the Church Missionary Society of London (CMS) is an organisation formed for propagation of Christianity in Asia and Africa. CMS started its work in Travancore in the 19[th] century. In the year 1879, they founded CMS Anglican Diocese of Tranvancore and Cochin and it also came to be known as Travancore Cochin CMS Anglican Church or the Travancore Cochin Diocese of CMS Anglican Church. The church of South India (CSI) was formed in the year WP(C) No.37725/18 & conn.cases -:24:- 1947 by amalgamation of 4 protestant churches including CMS Anglicans. By amalgamation of the aforementioned churches, there was no separate or independent Anglican church. The Archbishop of Canterbury who is the spiritual head of CMS Anglican Churches all over the world continued as the spiritual head of CSI Churches in India. The Moderator of the Church of South India is the Primate/Representative of Archbishop of Canterbury. He also had sworn the affidavit stating that as Moderator of Church of South India, he is the Primate/Representative of the Archbishop of Canterbury in India. He further deposed that the Church of South India is having its independent existence it being constituted with the original CMS Anglican Churches and it continues under the spiritual leadership of Archbishop of Canterbury who is the head of CMS Anglican Churches all over the world. It is also identified as a CMS Anglican Congregation. Therefore, he had signed Ext.P6 indicating that the petitioner is a member of CSI Christ Church, Thiruvananthapuram coming under CSI Madhya Kerala Diocese which in the larger sense is also understood as CMS Anglican Church. 19. In an affidavit filed by the Rt.Rev.David V.Lukose, who is WP(C) No.37725/18 & conn.cases -:25:- the 4[th] respondent in WP(C) No. 37725/18, he narrates the history of CMS Anglican Church in which he is the Bishop. It is stated that Church Missionary Society (CMS) was part of Church of England in India (Protestants) which started functioning in the year 1860. In the year 1890, British Parliament approved CMS in India. CMS was governed under the provisions of Indian Church Act, 1927. At the time of independence, all the properties, churches and assets of CMS was entrusted to Indian Chruch Trustees. The Indian Church Trustees was divided into Church of South India and Church of North India. All the Churches and its properties in South India came to the management and administration of Church of South India. Since 1947, the property, churches of CMS became vested with Church of South India. It is further submitted that after the vesting of the Churches and the properties in the Church of South India, a sect of parishioners including the Priests disassociated from CSI in the year 1966 and formed a Church with the original name “CMS Anglican Church”. Rt.Rev.V.J.Stephen was the first Bishop of CMS Anglican Church. CMS Anglican Church also established Churches in various parts of the country and ordained Moderators. They also follow the practices, rituals WP(C) No.37725/18 & conn.cases -:26:- and prayers as in Church of South India. In 1975, CMS Anglican Church split into two, one headed by Rt.Rev.Thomas Pulladil who was the Bishop of CMS Anglican Church. The splinter group was headed by former Bishop Rt.Rev.Stephen. A suit came to be filed as OS No.151/1985 before the Munsiff Court, Changanacherry to declare the title of the properties and for recovery of possession. The suit was filed by Rt.Rev.A.C.Joseph of the Thirukochi CMS Anglican Maha Idavaka against the members of the splinter group including CMS Thirukochi CMS Anglican Maha Idavaka (known as Stephen Vattapara Group). In the said suit, the Munsiff Court considered the rival claims including the history and formation of the Thirukochi CMS Anglican Church and finally decreed the suit declaring the additional 2[nd] plaintiff's title over the plaint schedule property and directing recovery of possession from the defendants. It is further submitted that the 4[th] respondent was ordained as Bishop of CMS Anglican Church on 27/4/2013 by the Bishop of Anglican Church of India. Ext.R4(b) is the certificate of consecration dated 27/4/2013, which indicates that the 4[th] respondent is ordained as the Bishop of the Diocese of Travancore and Cochin of the Anglican Church on 27/4/2013. He WP(C) No.37725/18 & conn.cases -:27:- submits that he continues to be the Bishop of CMS Anglican Church. Ext.R4(c) is a true copy of church almanac of the year 2018 which shows that he is shown as the 13[th] Bishop of CMS Anglican Church Travancore-Cochin Diocese from 2013 onwards. Ext.R4(d) is a portion of dictionary published by Spiritual India Publications wherein the details of the CMS Anglican church had been specified. Learned senior counsel for the petitioner placed reliance on Ext.R4(h), the decision of the meeting convened on 8/4/2013 deciding to appoint the 4[th] respondent as the Bishop of CMS Anglican Church and Ext.R4(i) is another decision taken in the meeting convened on 23/4/2013. Learned counsel for the party respondents has a contention that this document is fabricated in so far as the first named person and the last named person had been incorporated subsequently. Ext.R4(j) are the photographs which were taken at the time of consecration of the 4[th] respondent as Bishop of CMS Anglican Church. Ext.R4(k) is the news item dated 28/4/2013 published in Malayala Manorama daily with regard to consecration of Bishop of CMS Anglican Church. Ext.R4(l) is a news item published in Gospel Voice regarding the very same consecration. He also produced various WP(C) No.37725/18 & conn.cases -:28:- other photographs regarding the work done as Bishop of the aforesaid CMS Anglican Church. Ext.R4(p) is the certificate of consecration of the earlier Bishop Marankollil Thomas Philip and it is pointed out that they are all appointed as Bishops of the Anglican Church of India and absence of the word CMS does not make any difference at all. Certain other documents had been produced to indicate the manner of functioning of the Church. 20. Before considering the merits of the case, first we shall deal with the competence of the Committee to pass the impugned order. In the judgment dated 28/2/2019 in WP(C) No.31473/2017 and connected cases, the Division Bench observed that S.4(7) of the Act cannot replace the provisions stipulating the quorum and the said provision would entitle the Committee only to regulate its own procedure. On facts, it was found that in so far as the Committee has not passed the impugned orders with its full quorum, it cannot be sustained. In fact, the recommendation of the Committee which is impugned in these cases had been approved by a Committee consisting of only five members and it is not the full quorum. But, it is to be noticed that invoking section 4(7) of the Act, the Committee had WP(C) No.37725/18 & conn.cases -:29:- already passed a resolution regulating its own procedure as evident from the minutes of meeting dated 28/9/2017 (Item No.2) and produced as Ext.R3(2) in WP(C) No.41590/018. 21. What is the scope of S.4(7) of the Act requires to be considered taking into account the scheme of the Act itself. The 'Committee', of course, has been defined as per S.2(d) as the Admission and Fee Regulatory Committee constituted under Section 3. Section 3(2) indicates that the Committee shall have a Chairperson, Member Secretary and 8 specified members. S.4 deals with the terms of the Committee and conditions of services of the members. Sub-section (7) indicates that the Committee shall regulate its own procedure for the conduct of its business. S.5(3) has already been struck off from the statute as ultra vires and therefore, there is no quorum as such. Necessarily, when there is no quorum, a meeting of the Committee means meeting of all the members of the Committee. The powers and functions of the Committee are dealt with under section 8, which _inter alia_ includes hearing of complaints with regard to admission in contravention of the provisions of the Act or the Rules made thereunder either on receipt of the complaint or _suo motu_ and WP(C) No.37725/18 & conn.cases -:30:- other related aspects. S.8(2) indicates that the Committee shall, for the purpose of making any enquiry under the Act, have all the powers of a Civil Court under the Code of Civil Procedure while trying a suit in respect of certain specified matters. Therefore, when the Committee is given a statutory power to regulate its own procedure for the conduct of its business and conduct of business has been specified under section 8, necessarily, the Committee can delegate its powers to the Chairman or any of its members to conduct enquiry as contemplated under section 8(2) and passing appropriate recommendation or order as envisaged under the statute. 22. The position of law had been well settled by the Apex Court in _**Deepak Theatre v. State of Punjab**_ [1992 Suppl (1) SCC 684] wherein a three Judge Bench of the Apex Court was considering whether the licensing authority under the Punjab Cinemas (Regulation Act), 1952 has the power to classify the seats of admission into four classes and fix the rates of admission to the respective classes. It was held that the power to regulate a particular business or calling implies the power to prescribe and enforce all such proper and reasonable rules and regulations as WP(C) No.37725/18 & conn.cases -:31:- may be deemed necessary to conduct the business in a proper and orderly manner. The judgment aforesaid was followed in _**U.P. Power Corporation v. National Thermal Power Corporation**_ _**Ltd**_ [(2009) 6 SCC 235] wherein a three Judge Bench was considering Central Electricity Regulatory Commission (Conduct of Business) Regulations 1999. In the said case, reference was made to the judgment in _**K.Ramanathan v. State of Tamil Nadu**_ [(1985) 2 SCC 116] wherein the meaning of the word 'regulate' was considered. It is held at paragraph 53 as under:- _**"53.** In K. Ramanathan v. State of T.N. this Court held: (SCC p. 130, para 18)_ _“18. The word ‘regulation’ cannot have any rigid or inflexible meaning as to exclude ‘prohibition’. The word ‘regulate’ is difficult to define as having any precise meaning. It is a word of broad import, having a broad meaning, and is very comprehensive in scope. There is a diversity of opinion as to its meaning and its application to a particular state of facts, some courts giving to the term a somewhat restricted, and others giving to it a liberal, construction. The different shades of meaning are brought out in Corpus Juris Secundum, Vol. 76 at p. 611:_ _“Regulate” is variously defined as meaning to adjust; to adjust, order, or govern by rule, method, or established mode; to adjust or control by rule, method, or established mode, or governing principles or laws; to govern; to govern by rule; to govern by, or subject to, certain rules or restrictions; to govern_ WP(C) No.37725/18 & conn.cases -:32:- _or direct according to rule; to control, govern, or direct by rule or regulations._ _“Regulate” is also defined as meaning to direct; to direct by rule or restriction; to direct or manage according to certain standards, laws, or rules; to rule; to conduct; to fix or establish; to restrain; to restrict.’_ _(See also Webster’s Third New International Dictionary, Vol. II, p. 1913 and Shorter Oxford Dictionary, Vol. II, 3rd Edn., p. 1784.)”_ 23. Therefore, when the statute empowers the Committee to regulate its own procedure for the conduct of business, it involves the duty to prescribe a procedure for conducting the business which apparently are the functions envisaged under section 8 of the Act. In fact, the decision taken by the Committee in its meeting held on 28.9.2017 has not been placed before the Division Bench while rendering the judgment dated 28/2/2019 in WP(C) No. 31473/17 and connected cases ( _**The Principal, KMCT Medical College v. The Fee Regulatory Committee**_ ). Hence the said judgment has no application to the facts of the present case. 24. Now we shall consider the merits of the impugned orders. Primarily we are of the view that the Committee did not follow a fair procedure while conducting the enquiry. If any WP(C) No.37725/18 & conn.cases -:33:- candidate required legal representation, or presence of senior members of their family to accompany them, during enquiry it ought to have been permitted. That apart when statements of witnesses are recorded, the aggrieved party facing the enquiry should be given an opportunity to cross examine them. These are fundamental principles of natural justice, which are required to be performed by any statutory authority performing quasi judicial functions. The Government in the impugned order has mechanically followed the recommendation of the Committee without hearing the aggrieved parties, which itself is a reason to quash the Government Order. However, to avoid delay in the matter we feel it appropriate to consider the writ petitions on merit itself rather than sending it back for fresh consideration. 25. Before proceeding further, it will be useful to understand the scope of the enquiry made by the Committee. This Court in the judgment in WP(C) No. 28051/2018 had specifically directed only to consider whether the admissions had been made based on the seat matrix Ext.P11. We are referring to this since the learned counsel for the party respondents have taken a plea that even the seat matrix had not been properly fixed and the learned WP(C) No.37725/18 & conn.cases -:34:- counsel appearing for the Committee had pointed out that the Controller of Examinations could not have admitted students beyond the reservation of seats mentioned in the prospectus. The said contentions had already been taken note of by this Court in the writ petition and what is directed to be considered is whether respondents 9 to 13 were granted admissions to the MBBS Course going by the seat matrix Ext.P11. However, the Committee had further gone into the question regarding the seat matrix and observed that assignment or inclusion of CMS Anglican Churches in the minority community quota at a very late stage appears to be with ulterior motives. We are of the view that the aforesaid finding by the Committee was beyond the scope of reference made by this Court. This Court only directed the Committee to verify whether any admissions had been made wrongfully taking into account the seat matrix Ext.P11 and therefore the Committee had no reason to consider whether there is any illegality or irregularity in the seat matrix at all. 26. The Committee next proceeds to arrive at a conclusion that CMS Anglican Churches are totally independent, separate religious denomination and has no connection with CSI or SIUC. WP(C) No.37725/18 & conn.cases -:35:- This finding is based on the statement given by Rt.Rev.Dharmaraj Raslam, Bishop of CSI, South Kerala Diocese. 27. First of all, the question to be considered is whether the certificates issued by the concerned Bishops are valid enough to enable the students to get admission. 28. Rt.Rev.David V.Lukose has issued community certificates to 10 students, 7 in the minority community and 3 under NRI quota. As against 3 of the NRI, only 2 candidates took admission and therefore 9 candidates were admitted on the basis of minority certificate issued by Rt.Rev.David V.Lukose. The Committee observed that most of the students were belonging to other denominations and only in the year 2017 they have opted for becoming Members/Associates of CMS Anglican Church. Therefore, it was observed that the 9 students did not belong to the community CMS Anglican Church and they belonged to other denominations of Christian community and therefore the certificate issued by Rt.Rev.David V.Lukose are fake. 29. As regards the petitioner in WP(C) No. 41590/18 is concerned, it was observed that in so far as the said candidate is a member of CSI Church and not a Member/Associate Member of WP(C) No.37725/18 & conn.cases -:36:- CMS Anglican Church, he cannot be given admission to MBBS course in the NRI Community quota of CMS Anglican church. 30. As far as the other candidate Joshua Sam Koshy (petitioner in WP(C) No.4271/19) is concerned, he was given admission under the category as being a Member/Associate Member of CSI other than SKD and Kollam Kottarakkara Diocese. The community certificate produced by him shows that he belongs to Marthoma and is a member of Marthoma Church Keekozhoor. It was observed that in so far as he is not a Member/Associate member of CSI, he belongs to Christian Marthoma. His certificate had been issued by Rev.P.A.Abraham, Bishop's/Diocesan Secretary of Ranni-Nilackal Diocese of Malankara Mar Thoma Syrian Church, who had given a statement stating that he had issued a certificate stating that the student is a member of Keekozhoor Marthoma Church and that the said church has no relationship with CSI Church and they are not Members/Associate members of CSI Church. 31. From the nature of documents that have been produced in the case, which we have already described, there cannot be any dispute about the existence of CMS Anglican Church. With WP(C) No.37725/18 & conn.cases -:37:- reference to 9 candidates who are the petitioners in WP(C) No.37725/2018 and WP(C) No.37756/2018, the question is whether Rev.David V.Lukose is the Bishop of CMS Anglican Church. The certificate of consecration which had been relied upon by the Committee admittedly refers the Bishop as the Bishop of Anglican Church. The Committee did not accept the certificate of consecration since the certificate only indicates that Rev.David V. Lukose is the Bishop of “the Diocese of Travancore and Cochin of the Anglican Church”. In other words, the Committee did not find the word CMS attached to Anglican church. But it is relevant to note that, all along, if we trace the history of the Anglican Church, especially as evident from Ext.R4(a) the decision in OS No.151/1985 and the history of CMS Anglican Churches as borne out from Exts.R4(c) and R4(d), the newspaper reports in Ext.R4(k) all refers to the church as Thirukochi CMS Anglican Maha Idavaka or church. Even the minutes of the meeting Ext.R4(h), a decision taken on 8/4/2013 is with reference to appointment of Bishop in the Thirukochi CMS Anglican Church. Therefore, one cannot going by the aforesaid documents arrive at a conclusion that there is no CMS Anglican WP(C) No.37725/18 & conn.cases -:38:- Church. In other words, there is in existence CMS Anglican Church which prompted the College authorities to grant reservation for Members/Associate Members of CMS Anglican Church. Now the only question is who is the Bishop of CMS Anglican Church. The documents produced before this Court clearly indicate that other than the certificate of consecration, Rev.David V.Lukose represents as the Bishop of Thiru-kochi CMS Anglican church. There is no other Bishop for the said Church. If it is a case where there is another Bishop for CMS Anglican Church and the 4[th] respondent had issued a community certificate, it would have been different. 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 fundamental right of every citizen to choose their own religion and for that reason the WP(C) No.37725/18 & conn.cases -:39:- congregation. 33. The preamble to the Constitution of the Church of South India which is produced as Ext.P6(a) in WP(C) No. 41590/18 indicates as under:- _“We, the members of the Church of South India, affirm that this Church is a part of the One Holy, Catholic and Apostolic Church. We believe that the Church of South India is a gift of God to the people of India, formed out of the union of four different Church traditions-Anglican, Methodist, Presbyterian and Congregational- towards the fulfilment of the Lord's prayer “That they all may be one”. As a united Church, the Church of South India is committed to the union of all who acknowledge the name of Christ.”_ Apparently Church of South India had been formed including four different Church traditions Anglican, Methodist, Presbyterian and Congregational. It remained as a united church and at some point of time, as stated in the counter affidavit of the 4[th] respondent in WP(C) No.37725/2018, there had been a split during 1966 which initiated the formation of CMS Anglican Church. The CMS Anglican church split into two in 1975 which is evident from the judgment in OS No.151/1985. At the relevant time, Rt.Rev.A.C.Joseph was the Bishop. Subsequently, Rev.Thomas Philip Marnakolli was consecrated as the Bishop and the certificate of Consecration is WP(C) No.37725/18 & conn.cases -:40:- produced as Ext.R4(p). He remained as the Bishop of CMS Anglican Church and on his death, the 4[th] respondent was made the Bishop. Therefore, right from 2013 onwards, Rt.Rev.David Lukose was the Bishop of CMS Anglican Church and, for that reason, the finding rendered by the Committee, which was accepted by the Government, suffers from perversity and are liable to be set aside. 34. As far as the petitioner in WP(C) No. 41590/18 is concerned, the certificate has been issued by the 5[th] respondent in the said case. Petitioner had obtained admission under the NRI quota of CSI Anglican Church. The Bishop who had issued the certificate in his affidavit has stated that in so far as the Church of South India is having its independent existence, it was constituted with the original CMS Anglican Churches and it continues under the spiritual leadership of Archbishop of Canterbury, who is the head of CMS Anglican Churches all over the world. It is also identified as CMS Anglican Congregation. It is apparent from his affidavit that they do not accept a separate independent Anglican church. According to them, CMS Anglicans were also amalgamated in 1947 along with three other Protestant WP(C) No.37725/18 & conn.cases -:41:- Churches and Church of South India was formed. Therefore, there is an apparent conflict between the view taken by the 5[th] respondent in WP(C) No. 41590/18 and the 4[th] respondent in WP(C) No. 37725/2018. But substantially when we look at the history of the Church of South India, the very formation of Church of South India is from CMS. There were four separate church traditions i.e., Anglican, Methodist, Presbyterian and Congregational and therefore Anglican churches are part of CSI as evident from the preamble and the affidavit of 5[th ] respondent in WP(C) No. 41590/18. The 5[th] respondent however does not accept that there had been a splinter group which formed a separate CMS Anglican Church. According to them, the Anglican churches also form part of CSI. But, as we know, there had been several splinter groups which function in separate areas and there was a Thirukochi CMS Anglican Church in existence and its formation had been traced out due to the split in the year 1966 when Rev.V.J.Stephen had formed the Thirukochi CMS Anglican Church. This does not mean that all the Anglicans have shifted to the new tradition or congregation. But several of the members, of course, had shifted to the new congregation known as Thirukochi WP(C) No.37725/18 & conn.cases -:42:- CMS Anglican Church. The said congregation again had a split and Stephen Vattapara group became separate. But as per the judgment in OS No.151/1985, the group headed by Rev.Father A.C.Joseph was considered to be the Bishop and has the right to properties of Thirukochi CMS Anglican Church and if we go by the history, Rev.David V.Lukose is accepted as the Bishop of CMS Anglican Church. Of course, in the letter of consecration, the reference is only to the word Anglican church and there is no word as CMS. CMS is the Christian Mission Society which was the part of church of England in India (Protestants) and the nomenclature did not make any change as far as the existence of CMS Anglican church is concerned. One cannot say that the Church congregation is Anglican church and not CMS Anglican Church. CMS is a generic name which denotes the original Christian Mission Society and what is relevant is the word Anglican which comes out from CSI. In the light of the aforesaid historical background, it is also appropriate for the 5[th] respondent in WP(C) No. 41590/18 to have issued a certificate treating the petitioner as part of CMS Anglican church as even according to Church of South India, CMS Anglicans are also part of Church of WP(C) No.37725/18 & conn.cases -:43:- South India. In other words, they do not accept the split made by Stephen Vattappara group. But the fact remains that there are CMS Anglicans who forms part of CSI and also a separate group known as CMS Anglicans. Therefore, we do not find any error being committed by the 5[th] respondent in issuing community certificate in favour of petitioner in WP(C) No.41590/18 and the Committee therefore committed serious error in appreciating the factual circumstances involved in the formation of Church of South India and the narrow split which formed CMS Anglican Church as well. As already stated, there are members who still remain as CMS Anglicans within CSI and there is another group which had separated from CSI and had formed a separate group as CMS Anglican Church same as Anglicans. In so far as the reservation is granted to Members/Associate members of CMS Anglicans, the petitioners in WP(C) No. 41590/18, WP(C) No. 37725/2018 and 37756/2018 are entitled for admission under the said category of Members/Associate Members of CMS Anglican category. 35. But as far the petitioner in WP(C) No.4271/2019, is concerned, it is relevant to note that the petitioner had obtained WP(C) No.37725/18 & conn.cases -:44:- admission in the category ZW which is other candidate of SKD and Kollam Kottarakkara Diocese. The certificates produced by him as Exts.P13, P14, P15 and P16 only indicates that he claimed reservation in the said category as Associate Member of CSI other than SKD which is in terms with the seat matrix Ext.P11 which we have referred earlier (Ext.P18 in the present case). Of course, it could be seen that from Ext.P17 in Category IV, “Members from CCI” had been excluded while issuing Government order dated 25/6/2018 along with the seat matrix Ext.P18. He also got admission on the basis that he is an Associate Member of CSI other than SKD. Therefore, as far as the petitioner is concerned, his claim and admission was under the Category IV as per seat matrix dated 25/6/2018, being an Associate Member of CSI other than SKD. But, it could be seen that when the Vicar himself had stated that he had only issued a certificate stating that he belongs to Christian-Marthoma, there is no material to indicate that the petitioner is an Associate Member of CSI. His contention that exclusion of CSI from the category is arbitrary cannot be considered at this stage of the proceedings as the allotments had taken place after the seat matrix was published. Allotment had WP(C) No.37725/18 & conn.cases -:45:- taken place only on 17/8/2018 after the seat matrix had been published and he had no challenge to the seat matrix at the relevant time. Therefore, in the absence of any material to indicate that the petitioner in the above case was an Associate Member of CSI, we do not think that he is entitled for any relief in the present writ petition. 36. In the result, WP(C) Nos. 37725/18, 37756/18 and 41590/18 are allowed as under:- The Committee's findings in its order dated 15/11/2018, and the Government order dated 11/12/2018, in so far as it applies to the petitioners are quashed. The admission given to the petitioners are proper and regular. They are permitted to continue their studies. WP(C) No. 4271/19 is dismissed. **Sd/-** **A.M.SHAFFIQUE JUDGE Sd/-** Rp **A.M.BABU JUDGE** WP(C) No.37725/18 & conn.cases -:46:- ## **APPENDIX OF WP(C) 37725/2018** **PETITIONERS' EXHIBITS:** - **EXHIBIT P1** **PHOTOSTAT TRUE COPY OF THE GO(RT) NO.2031/2018/H&FWD DATED 25/06/2018 ISSUED BY GOVERNMENT OF KERALA.** - **EXHIBIT P2** **PHOTOSTAT TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 4TH RESPONDENT HEREIN WHO WAS THE 7TH RESPONDENT IN WPC NO.28051/2018 BEFORE THE HON'BLE COURT.** - **EXHIBIT P3 PHOTOSTAT TRUE COPY OF THE JUDGMENT DATED 10/09/2018 IN WPC NO.28051/2018 OF THIS HON'BLE COURT.** - **EXHIBIT P4 PHOTOSTAT TRUE COPY OF THE JUDGMENT DATED 04/10/2018 IN WPC NO.31280/2018 AND CONNECTED CASE OF THE HON'BLE HIGH COURT OF KERALA.** - **EXHIBIT P5 PHOTOSTAT TRUE COPY OF THE NOTICE DATED 25/10/2018 ISSUED TO THE 4TH APPELLANT BY THE 1ST RESPONDENT COMMITTEE.** - **EXHIBIT P6 PHOTOSTAT TRUE COPIES OF THE DOCUMENTS PRODUCED BY THE 1ST WRIT PETITIONER BEFORE THE 1ST RESPONDENT COMMITTEE ON 03/11/2018.** - **EXHIBIT P7 PHOTOSTAT TRUE COPIES OF THE DOCUMENTS PRODUCED BY THE 2ND WRIT PETITIONER BEFORE THE 1ST RESPONDENT COMMITTEE ON 03/11/2018.** - **EXHIBIT P8 PHOTOSTAT TRUE COPIES OF THE DOCUMENTS PRODUCED BY THE 3RD WRIT PETITIONER BEFORE THE 1ST RESPONDENT COMMITTEE ON 03/11/2018.** WP(C) No.37725/18 & conn.cases -:47:- - **EXHIBIT P9 PHOTOSTAT TRUE COPIES OF THE DOCUMENTS PRODUCED BY THE 4TH WRIT PETITIONER BEFORE THE 1ST RESPONDENT COMMITTEE ON 03/11/2018.** - **EXHIBIT P10 PHOTOSTAT TRUE COPIES OF THE DOCUMENTS PRODUCED BY THE 5TH WRIT PETITIONER BEFORE THE 1ST RESPONDENT COMMITTEE ON 03/11/2018.** - **EXHIBIT P11 PHOTOSTAT TRUE COPIES OF THE DOCUMENTS PRODUCED BY THE 6TH WRIT PETITIONER BEFORE THE 1ST RESPONDENT COMMITTEE ON 03/11/2018.** - **EXHIBIT P12 PHOTOSTAT TRUE COPIES OF THE DOCUMENTS PRODUCED BY THE 7TH WRIT PETITIONER BEFORE THE 1ST RESPONDENT COMMITTEE ON 03/11/2018.** - **EXHIBIT P13 PHOTOSTAT TRUE COPIES OF THE DOCUMENTS SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT COMMITTEE ON 03/11/2018.** - **EXHIBIT P14 PHOTOSTAT TRUE COPY OF ORDER BEARING NO.AFRC 100/18/MBBS/DRSMCSIMC DATED 15/11/2018 ISSUED BY THE 1ST RESPONDENT.** - **EXHIBIT P15 PHOTOSTAT COPY OF CERTIFICATE BEARING NO.3023/18/TVR DATED 04/12/2018 ISSUED BY THE VILLAGE OFFICER, THALAVOOR.** - **EXHIBIT P16 PHOTOSTAT COPY OF CERTIFICATE BEARING NO.1221/18/TVR DATED 03/12/2018 ISSUED BY THE VILLAGE OFFICER, THIRUVANIYOOR.** - **EXHIBIT P17 PHOTOSTAT COPY OF CERTIFICATE BEARING NO.4366/18/TVR DATED 10/12/2018 ISSUED BY THE VILLAGE OFFICER, PATHANAMTHITTA.** - **EXHIBIT P18 PHOTOSTAT COPY OF CERTIFICATE BEARING NO.2315/18/TVR DATED 05/12/2018 ISSUED BY THE VILLAGE OFFICER, PANACHIKAD..** WP(C) No.37725/18 & conn.cases -:48:- **EXHIBIT P19 PHOTOSTAT COPY OF CERTIFICATE BEARING NO.KDISK1-4427/18 DATED 11/12/2018 ISSUED BY THE TAHASILDAR, KOZHIKODE. EXHIBIT P20 PHOTOSTAT TRUE COPY OF CERTIFICATE BEARING NO.820/18 DATED 03/12/2018 ISSUED BY VILLAGE OFFICER, PIDAVOOR.** - **EXHIBIT P21 PHOTOSTAT COPY OF CERTIFICATE BEARING NO.A7-39391/18 DATED 20/12/2018 ISSUED BY THE TAHSILDAR, NEYYATTINKARA.** - **EXHIBIT P22 PHOTOSTAT COPY OF CHURCH MEMBERSHIP CERTIFICATE DATED 09/12/2018 ISSUED BY THE 4TH RESPONDENT HEREIN.** **EXHIBIT P23 PHOTOSTAT TRUE COPY OF ORDER NO.GO(RT) NO.3654/2018/H&FWD DATED 11/12/2018 ISSUED BY THE 5TH RESPONDENT.** **EXHIBIT P24 TRUE PHOTOSTAT COPY OF THE LETTER DATED 17/01/2019 PLACED BEFORE THE REVENUE SECRETARY TO GOVERNMENT.** **RESPONDENTS' EXHIBITS:** **EXHIBIT R1 A TRUE COPY OF THE ATTENDANCE REGISTER FOR THE DAY 07/09/2018.** **EXHIBIT R1 B TRUE COPY OF THE VAKALATH FILED FOR THE 4TH RESPONDENT.** **EXHIBIT R1 C TRUE COPY OF THE FRONT PAGE OF THE COUNTER AFFIDAVIT.** **EXHIBIT R1 D TRUE COPY OF AFFIDAVIT OF THE 4TH RESPONDENT (WITHOUT DOCUMENTS). EXHIBIT R1 E TRUE COPY OF THE STATEMENT FILED BY THIS RESPONDENT IN WRIT PETITION NO.28051/2018.** WP(C) No.37725/18 & conn.cases -:49:- **EXHIBIT R1 F TRUE COPY OF THE ATTENDANCE REGISTER FOR THE DAY 03/11/2018.** **EXHIBIT R4 A A TRUE COPY OF THE JUDGMENT IN OS NO.151/1985 OF THE MUNSIFF COURT, CHANGANASERRY DATED 22/11/1991.** **EXHIBIT R4 B A TRUE COPY OF THE CERTIFICATE OF CONSECRATION OF THE 4TH RESPONDENT DATED 27/04/2013.** - **EXHIBIT R4 C A TRUE COPY OF THE CHURCH ALMANAC OF THE CMS ANGLICAN CHURCH TRAVANCORE - COCHIN.** **EXHIBIT R4 D A TRUE COPY OF THE RELEVANT PORTION OF HISTORY OF CHRISTIANITY IN KERALA PUBLISHED BY SPIRITUAL INDIA PUBLICATIONS REGARDING THE ANGLICAN CHURCH.** - **EXHIBIT R4 E A TRUE COPY OF THE PHOTOGRAPH PUBLISHED DURING THE SECOND ANNIVERSARY OF ORDINATION OF 4TH RESPONDENT AS BISHOP.** - **EXHIBIT R4 F A TRUE COPY OF THE ELECTION IDENTITY CARD ISSUED TO THE 4TH RESPONDENT BY ELECTION COMMISSION.** - **EXHIBIT R4 G A TRUE COPY OF AADHAR CARD ISSUED TO THE 4TH RESPONDET.** - **EXHIBIT R4 H A TRUE COPY OF MINUTES OF THE COUNCIL MEETING OF CMS ANGLICAN CHURCH HELD ON 08/04/2013.** - **EXHIBIT R4 I A TRUE COPY OF THE MINUTES OF THE STANDING COMMITTEE OF CMS ANGLICAN CHRUCH HELD ON 23/04/2013.** - **EXHIBIT R4 J PHOTOGRAPHS TAKEN AT THE TIME OF 4TH RESPONDENT'S CONSECRATION AS THE BISHOP OF CMS ANGLICAN CHURCH.** WP(C) No.37725/18 & conn.cases -:50:- **EXHIBIT R4 K** **A TRUE COPY OF THE NEWS ITEM DATED 28/04/2013 PUBLISHED IN THE MALAYALA MANORAMA DAILY WITH REGARD TO 4TH RESPONDENT.** - **EXHIBIT R4 L A TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE PUBLICATION NAMED GOSPEL VOICE WITH REGARD TO 4TH RESPONDENTS CONSECRATION AS THE BISHOP CMS ANGLICAN CHURCH.** - **EXHIBIT R4 M PHOTOGRAPHS SHOWING THE VARIOUS ACTIVITIES OF THE CMS ANGLICAN CHURCH AMONG ITS CHURCH MEMBERS AND GENERAL PUBLIC.** - **EXHIBIT R4 N A TRUE COPY OF VARIOUS PAMPHIETS AND NOTICES PUBLISHED BY THE CMS ANGLICAN CHURCH WHICH SHOWS THAT 4TH RESPONDENT IS THE BISHOP OF CMS ANGLICAN CHURCH.** - **EXHIBIT R4 O A TRUE COPY OF LICENSE DATED 24/03/2017 ISSUED BY THE 4TH RESPONDENT.** - **EXHIBIT R4 P A TRUE COPY OF THE CERTIFICATE OF CONSECRATION DATED 01/10/2000 OF THOMAS PHILIP MARANKOLLIL AS THE BISHOP.** - **EXHIBIT R4 Q A TRUE COPY OF THE OLD LITURGICAL ODER OF THE CMS ANGLICAN CHURCH.** - **EXHIBIT R4 R A TRUE COPY OF THE NEW LITURGICAL ORDER OF THE CMS ANGLICAN CHURCH.** - **EXHIBIT R4 S A TRUE COPY OF THE MARRIAGE REGISTER OF MOTHIRUVAYAL CHURCH UNDER THE CMS ANGLICAN CHURCH FROM 1976 TOWARDS.** - **EXHIBIT R4 T A TRUE COPY OF THE DEATH REGISTER OF MOTHIRUVAYAL CHURCH UNDER THE CMS ANGLICAN CHURCH FROM 1968 ONWARDS.** **EXHIBIT R4 U A TRUE COPY OF A PUBLICATION OF CMS ANGLICAN CHURCH PUBLISHED ON 05/12/1978.** -:51:- WP(C) No.37725/18 & conn.cases **EXHIBIT R4 V A TRUE COPY OF SALE DEED DATED 14/11/2016 WITH RESPECT TO PURCHASE OF PROPERTY FOR MOTHIRUVAYAL ST.PAUL'S CMS ANGLICAN CHURCH UNDER THE TRAVANCORE COCHIN CMS ANGLICAN CHURCH.** - **EXHIBIT R4 W A TRUE COPY OF JUDGMENT DATED 06/09/2018 IN SA NO.687/1999 OF THE HONOURABLE HIGH COURT OF KERALA.** - **EXHIBIT R4 X TRUE COPY OF THE LETTER NO.AFRC 100/18/MBBS/DRSMCSIMC DATED 25/10/2018 ISSUED BY 1ST RESPONDENT COMMITTEE.** **EXHIBIT R4 Y TRUE COPY OF THE VAKALATH DATED 01/11/2018 EXECUTED BY THE 4TH RESPONDENT.** - **EXHIBIT R6 A TRUE COPY OF GO (RT) NO.2016/2018/H&FWD DATED 23/08/2018.** - **EXHIBIT R6 B** - **TRUE COPY OF RELEVANT PORTION OF THE COMMUNITY MINORITY QUOTA LIST PUBLISHED BY THE SECOND RESPONDENT FOR ADMISSION TO MBBS/BDS COURSES, KEAM-2018.** - **EXHIBIT R6 C** **TRUE COPY OF THE RELEVANT PORTION OF THE ALLOTMENT LIST DATED 12/08/2018 PUBLISHED BY THE 2ND RESPONDENT.** **EXHIBIT R6 D TRUE COPY OF INFORMATION RECEIVED IN THIS REGARD FROM VILLAGE OFFICE, PATHANAMTHITTA UNDER RIGHT TO INFORMATION ACT.** **EXHIBIT R6 E TRUE COPY OF FIRST CERTIFICATE ISSUED TO 3RD PETITIONER FROM VILLAGE OFFICE, PATHANAMTHITTA ON 07/11/2018.** WP(C) No.37725/18 & conn.cases -:52:- ## **APPENDIX OF WP(C) 4271/2019** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE ADMISSION NOTIFICATION OF NEET(UG)2018** **EXHIBIT P2** - **TRUE COPY OF THE RESULT OF THE PETITIONER IN NEET(UG)-2018 PUBLISHED ON 4-6-2018 BY THE CENTRAL BOARD OF SECONDARY EDUCATION.** - **EXHIBIT P3 TRUE COPY OF THE DATA SHEET WITH RELEVANT PAGE OF RANK LIST IN ROLL NO.127928 OF ADMISSION TO PROFESSIONAL DEGREE COURSES,2018 PUBLISHED BY THE 2ND RESPONDENT.** - **EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF THE COMMUNITY MINORITY QUOTA LIST PUBLISHED BY THE 2ND RESPONDENT.** **EXHIBIT P5** - **TRUE COPY OF THE PROVISIONAL ADMISSION SLIP NEET UG-2018 ISSUED BY THE PRINCIPAL,CHRISTIAN DENTAL COLLEGE,LUDHIANA.** - **EXHIBIT P6 TRUE COPY OF THE ALLOTMENT MEMO DATED 12-08-2018 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P7 TRUE COPY OF THE ADMISSION SLIP. DATED 15-8-2018 ISSUED BY THE 4TH RESPONDENT.** - **EXHIBIT P8 TRUE COPY OF TH NOTICE DATED 25.10.2018 ISSUED BY THE 3RD RESPONDENT.** - **EXHIBIT P9 TRUE COPY OF THE ORDER NO AFRC 100/18/MBBS/DRSMCCSIMC DATED 15-11-2018 ISSUED BY THE 3RD RESPONDENT.** **EXHIBIT P10 TRUE COPY OF THE NOTICE NO.3636/ACD1/S017/MCHK DATED 17-11-2018 ISSUED BY THE 4TH RESPONDENT.** WP(C) No.37725/18 & conn.cases -:53:- - **EXHIBIT P11 TRUE COPY OF THE CERTIFICATE DATED 148-2018 ISSUED BY THE DIOCESAN SECRETARY OF THE 6TH RESPONDENT.** - **EXHIBIT P12** - **TRUE EXTRACT OF THE BAPTISM REGISTER ISSUED DATED 02.11.2018 ISSUED BY THE VICAR OF KEEKOZHOOR MAR THOMA CHURCH.** - **EXHIBIT P13 TRUE COPY OF THE CERTIFICATE DATED 29.10.2018 ISSUED BY THE VICAR OF KEKOZHOOR MAR THOMA CHURCH.** - **EXHIBIT P14 TRUE COPY OF THE COMMUNITY CERTIFICATE NO.A4 3481/2018//K DIS DATED 11.06.2018 ISSUED BY THE TAHSILDAR,RANNI** - **EXHIBIT P15 TRUE COPY OF THE COMMUNITY CERTIFICATE DATED 28-06-2018 ISSUED BY THE VILLAGE OFFICER,CHERUKOL.** - **EXHIBIT P16 TRUE COPY OF THE COMMUNITY CERTIFICATE DATED 28.06.2018 ISSUED BY THE VILLAGE OFFICER,CHERUKOL.** - **EXHIBIT P17 TRUE COPY OF THE GO(RT)NO.2016/2018/H & FWD DATED 23.06.2018 WITH ANNEXURE ISSUED BY THE 1ST RESPONDENT.** - **EXHIBIT P18 TRUE COPY OF GO(RT)NO.2031/2018/H&FWD DATED 25.06.2018 WITH ANNEXURE ISSUED BY THE 1ST RESPONDENT.** - **EXHIBIT P19 TRUE COPY OF THE CIRCULAR NO.296 DATED 11.10.2017 ISSUED BY THE MALANKARA SYRIAN CHURCH.** - **EXHIBIT P20 TRUE COPY OF THE JUDGMENT DATED 26.11.2018 IN WP(C)NO.38248 OF 2018.** - **EXHIBIT P21** - **TRUE COPY OF THE REPRESENTATION DATED 8.12.2018 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.** WP(C) No.37725/18 & conn.cases -:54:- **EXHIBIT P22 TRUE COPY OF THE ORDER NO.GO(RT)NO.3701/2018/H&FWD DATED 1612-2018 ISSUED BY THE 1ST RESPONDENT.** WP(C) No.37725/18 & conn.cases -:55:- ## **APPENDIX OF WP(C) 37756/2018** **PETITIONERS' EXHIBITS:** **EXHIBIT P1 THE PHOTOSTAT TRUE COPY OF THE G.O(RT) NO.2031/2018/ H & FWD DATED 25/6/2018 ISSUED BY GOVERNMENT OF KERALA** **EXHIBIT P2 THE PHOTOSTAT TRUE COPIES OF THE DOCUMENTS PRODUCED BY THE 1ST WRIT PETITIONER BEFORE THE 1ST RESPONDENT COMMITTEE ON 03/11/2018** **EXHIBIT P3 THE PHOTOSTAT TRUE COPIES OF THE DOCUMENTS PRODUCED BY THE 2ND WRIT PETITIONER BEFORE THE 1ST RESPONDENT COMMITTEE ON 03/11/2018** **EXHIBIT P4 THE PHOTOSTAT TRUE COPY OF ORDER BEARING NO.AFRC 100/18/ MBBS/DRSMCSIMC DATED 15/11/2018 ISSUED BY THE 1ST RESPONDENT** **EXHIBIT P5 THE PHOTOSTAT TRUE COPY OF THE NOTICE BEARING NO.3636/A CD 1/2017/MCHK DATED 17/11/2018 ISSUED BY THE PRINCIPAL OF THE 3RD RESPONDENT COLLEGE EXHIBIT P6 THE PHOTOSTAT TRUE COPY OF THE CERTIFICATE BEARING NO. 4903/2018 DATED 3/12/2018 ISSUED BY VILLAGE OFFICER, MYANAGAPALLY, TO THE 1ST PETITIONER EXHIBIT P7 THE PHOTOSTAT TRUE COPY OF THE CERTIFICATE BEARING NO. 4903/2018 DATED 3/12/2018 ISSUED BY VILLAGE OFFICER, MYNAGAPALLY, TO THE 2ND PETITIONER** **EXHIBIT P8 THE PHOTOSTAT TRUE COPY OF THE G.O(RT) NO. 3654/2018/H&FWD DATED 11/12/2018 ISSUED BY THE 5TH RESPONDENT.** WP(C) No.37725/18 & conn.cases ## -:56:- ## **RESPONDENTS' EXHIBITS:** **EXHIBIT-R4(a) A TRUE COPY OF THE JUDGMENT IN OS NO. 151/1985 OF THE MUNSIFF COURT, CHANGANASERRY DATED 22/11/1991. EXHIBIT-R4(b) A TRUE COPY OF THE CERTIFICATE OF CONSECRATION OF THE 4TH RESPONDENT DATED 27/4/2013.** **EXHIBIT-R4(c) A TRUE COPY OF THE CHURCH ALMANAC OF THE CMS ANGLICAN CHURCH TRAVANCORE-COCHIN. EXHIBIT-R4(d) A TRUE COPY OF THE RELEVANT PORTION OF HISTORY OF CHRISTIANITY IN KERALA PUBLISHED BY SPIRITUAL INDIA PUBLICATIONS REGARDING THE ANGLICAN CHURCH EXHIBIT-R4(e) A TRUE COPY OF THE PHOTOGRAPH PUBLISHED DURING THE SECOND ANNIVERSARY OF ORDINATION OF THE 4TH RESPONDENT AS BISHOP EXHIBIT-R4(f) A TRUE COPY OF THE ELECTION IDENTITY CARD ISSUED TO THE 4TH RESPONDENT BY ELECTION COMMISSION EXHIBIT-R4(g) A TRUE COPY OF AADHAR CARD ISSUED TO THE 4TH RESPONDENT EXHIBIT-R4(h) A TRUE COPY OF MINUTES OF THE COUNCIL MEETING OF CMS ANGLICAN CHURCH HELD ON 8/4/2013 EXHIBIT-R4(i) A TRUE COPY OF THE MINUTES OF THE STANDING COMMITTEE OF CMS ANGLICAN CHURCH HELD ON 23/4/2013 EXHIBIT-R4(j) PHOTOGRAPHS TAKEN AT THE TIME OF 4TH RESPONDENTS CONSECRATION AS THE BISHOP OF CMS ANGLICAN CHURCH.** WP(C) No.37725/18 & conn.cases -:57:- **EXHIBIT-R4(k)** **A TRUE COPY OF THE NEWS ITEM DATED 28/4/2013 PUBLISHED IN THE MALAYALA MANORAMA DAILY WITH REGARD TO 4TH RESPONDENTS CONSECRATION AS THE BISHOP OF CMS ANGLICAN CHURCH** **EXHIBIT-R4(l)** - **A TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE PUBLICATION NAMED GOSPEL VOICE WITH REGARD TO 4TH RESPONDENTS CONSECRATION AS THE BISHOP OF CMS ANGLICAN CHURCH.** - **EXHIBIT-R4(m) PHOTOGRAPHS SHOWING THE VARIOUS ACTIVITIES OF THE CMS ANGLICAN CHURCH AMONG ITS CHURCH MEMBERS AND THE GENERAL PUBLIC.** - **EXHIBIT-R4(n) A TRUE COY OF VARIOUS PAMPHLETS AND NOTICES PUBLISHED BY THE CMS ANGLICAN CHURCH WHICH SHOWS THAT 4TH RESPONDENT IS THE BISHOP OF CMS ANGLICAN CHURCH** - **EXHIBIT-R4(o) A TRUE COPY OF LICENSE DATED 24/3/2017 ISSUED BY THE 4TH RESPONDENT.** - **EXHIBIT-R4(p) A TRUE COPY OF THE CERTIFICATE OF CONSECRATION DATED 1/10/2000 OF THOMAS PHILIP MARANKOLLIL AS THE BISHOP** - **EXHIBIT-R4(q) A TRUE COPY OF THE OLD LITURGICAL ORDER OF THE CMS ANGLICAN CHURCH** - **EXHIBIT-R4(r) A TRUE COPY OF THE NEW LITURGICAL ORDER OF THE CMS ANGLICAN CHURCH** - **EXHIBIT-R4(s) A TRUE COPY OF THE MARRIAGE REGISTER OF MOTHIRUVAYAL CHURCH UNDER THE CMS ANGLICAN CHURCH FROM 1976 ONWARDS** - **EXHIBIT-R4(t) A TRUE COPY OF THE DEATH REGISTER OF MOTHIRUVAYAL CHURCH UNDER THE CMS ANGLICAN CHURCH FROM 1968 ONWARDS** WP(C) No.37725/18 & conn.cases -:58:- **EXHIBIT-R4(u)** **EXHIBIT-R4(v)** **EXHIBIT-R4(w)** **A TRUE COPY OF A PUBLICATION OF CMS ANGLICAN CHURCH PUBLISHED ON 5/12/1978** **A TRUE COPY OF SALE DEED DATED 14/11/2016 WITH RESPECT TO PURCHASE OF PROPERTY FOR MOTHIRUVAYAL ST.PAULS CMS ANGLICAN CHURCH UNDER THE TRAVANCORE COCHIN CMS ANGLICAN CHURCH** **A TRUE COPY OF JUDGMENT DATED 6/9/2018 IN SA NO. 687/1999 OF THE HONOURABLE HIGH COURT OF KERALA.** WP(C) No.37725/18 & conn.cases -:59:- ## **APPENDIX OF WP(C) 41590/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE DATA-SHEET ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATION IN FAVOUR OF THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE G.O.(RT)NO.2016/18/H & FWD DATED 23.06.2018. EXHIBIT P3 TRUE COPY OF THE G.O.(RT)NO.2031/18/H & FWD DATED 25.06.2018. EXHIBIT P4 TRUE COPY OF THE SAID NOTIFICATION DATED 25.06.2018 ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATION. EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VICAR OF CSI CHURCH, THIRUVANANTHAPURAM, IN FAVOUR OF THE PETITIONER. EXHIBIT P5 A TRUE COPY OF THE AN ARTICLE TITLED CSI CHRIST CHURCH TRIVANDRUM-A HISTORICAL PERSPECTIVE BY M.S.JOSEPH IAS(RTD) PUBLISHED IN THE CSI CHRIST CHURCH SESQUICENTENNIAL SOUVENIR. EXHIBIT P6 TRUE COPY OF THE COMMUNITY CERTIFICATE DATED 27.06.2018 ISSUED IN THE PRESCRIBED FORMAT IN FAVOUR OF THE PETITIONER. EXHIBIT P6 A TRUE COPY OF AN EXTRACT OF THE PREAMBLE OF THE CONSTITUTION OF THE CHURCH OF SOUTH INDIA. EXHIBIT P6 B TRUE COPY OF THE DEED OF TRANSFER DATED 12.07.1958 BETWEEN THE CHURCH MISSIONARY TRUST ASSOCIATION LTD. AND THE CHURCH OF SOUTH INDIA TRUST ASSOCIATION, ALONG WITH A NOTARIAL ATTESTATION.** WP(C) No.37725/18 & conn.cases -:60:- **EXHIBIT P7** **TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, ULLOOR IN FAVOUR OF THE PETITIONER.** **EXHIBIT P8** - **TRUE COPY OF THE CERTIFICATE ISSUED BY THE HEAD OF ADMINISTRATION OF AL-NAHDHA HOSPITAL, SULTANATE OF OMAN DATED 26TH FEBRUARY, 2018 CERTIFYING THAT THE PETITIONER'S FATHER IS WORKING IN THE HOSPITAL SINCE 21.01.2000.** **EXHIBIT P9** - **TRUE COPY OF THE NRI QUOTA LIST DATED 03.07.2018 PUBLISHED BY THE COMMISSIONER FOR ENTRANCE EXAMINATION.** - **EXHIBIT P10 TRUE COPY OF THE CATEGORY-WISE LIST OF CANDIDATES ELIGIBLE FOR ADMISSION IN THE NRI QUOTA.** - **EXHIBIT P11 TRUE COPY OF THE COMMUNICATION DATED 27.06.2018 SENT BY THE DR.SOMERVELL MEMORIAL CSI MEDICAL COLLEGE, KARAKKONAM TO THE CHAIRMAN ADMISSION AND FEE REGULATORY COMMITTEE.** - **EXHIBIT P12 TRUE COPY OF THE ALLOTMENT MEMO DATED 12.08.2018 ISSUED TO THE PETITIONER.** - **EXHIBIT P13 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF TUITION FEE MADE BY THE PETITIONER.** - **EXHIBIT P14 TRUE COPY OF THE SEATS MADE AVAILABLE FOR VARIOUS MEDICAL COLLEGES FOR MBBS COURSE.** **EXHIBIT P15 TRUE COPY OF THE INTERIM ORDER DATED 20.08.2018 IN WP(C)NO.28051/2018.** WP(C) No.37725/18 & conn.cases ## -:61:- - **EXHIBIT P16** **TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE PRINCIPAL OF THE DR.SOMERVELL MEMORIAL CSI MEDICAL COLLEGE MARAKKONAM.** - **EXHIBIT P17** **TRUE COPY OF THE REGISTRATION SLIP ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATION EVIDENCING REGISTRATION OF THE PETITIONER FOR MOP-UP COUNSELLING SCHEDULED AT 2 P.M ON 04.09.2018.** - **EXHIBIT P18** **TRUE COPY OF THE JUDGMENT DATED 10.09.2018 IN WPC NO.28051/2018.** - **EXHIBIT P19** - **TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER REQUIRING THE PETITIONER TO APPEAR ON 03.11.2018 BEFORE THE ADMISSION AND FEE REGULATORY COMMITTEE.** - **EXHIBIT P20 TRUE COPY OF THE STATEMENT SUBMITTED BY THE PETITIONER BEFORE THE ADMISSION AND FEE REGULATORY COMMITTEE.** - **EXHIBIT P21 TRUE COPY OF THE ADDITIONAL STATEMENT DATED 10TH NOVEMBER 2018 SUBMITTED BY THE PETITIONER BEFORE THE ADMISSION AND FEE REGULATORY COMMITTEE.** - **EXHIBIT P22 TRUE COPY OF THE ORDER DATED 15.11.2018 ISSUED BY THE ADMISSION AND FEE REGULATORY COMMITTEE.** - **EXHIBIT P23 TRUE COPY OF THE JUDGMENT DATED 22.11.2018 OF THIS HONOURABLE COURT IN WPC NO.27900/2018.** - **EXHIBIT P24** - **TRUE COPY OF THE REPRESENTATION DATED 24.11.2018 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.** WP(C) No.37725/18 & conn.cases -:62:- ## **EXHIBIT P25** **TRUE COPY OF THE ORDER DATED 27.11.2018 ISSUED BY THE DIVISION BENCH OF THIS HONOURABLE COURT IN WPC NO.37756/2018.** - **EXHIBIT P25 A TRUE COPY OF THE ORDER DATED 27.11.2018 ISSUED BY THE DIVISION BENCH OF THIS HONOURABLE COURT IN WPC 37725/2018.** **EXHIBIT P26** **TRUE COPY OF THE LETTER DATED 28.11.2018 SENT BY THE PETITIONER TO THE 1ST RESPONDENT.** - **EXHIBIT P26 A TRUE COPY OF THE ORDER DATED 21.11.2018 ISSUED IN WPC NO.37756/2018.** - **EXHIBIT P26 B TRUE COPY OF THE ORDER DATED 21.11.2018 ISSUED IN WPC 27725/2018.** - **EXHIBIT P26 C TRUE COPY OF THE ORDER DATED 18.12.2018 ISSUED BY THE DIVISION BENCH OF THIS HONOURABLE COURT IN WPC NO.37756/2018.** - **EXHIBIT P26 D TRUE COPY OF THE ORDER DATED 18.12.2018 ISSUED BY THE DIVISION BENCH OF THIS HONOURABLE COURT IN WPC NO.37725/2018.** **EXHIBIT P27** **TRUE COPY OF THE ADDITIONAL REPRESENTATION DATED 10.12.2018 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.** - **EXHIBIT P28** **TRUE COPY OF THE G.O.(RT)NO.3654/2018/H & FWD DATED 11.12.2018** WP(C) No.37725/18 & conn.cases -:63:- ## **RESPONDENT'S EXHIBITS** **ANNEXURE R3(1) TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES DATED 4.7.2003.** **ANNEXURE R3(2) TRUE COPY OF THE MINUTES DATED 28.9.2017.** **ANNEXURE R3(3) TRUE COPY OF THE ORDER DATED 13.7.2017.** **ANNEXURE R3(4) TRUE COPY OF THE PROCEEDINGS DATED 25.7.2018.** **ANNEXURE R3(5) TRUE COPY OF THE ORDER DATED 29.8.2018 OF THE HONOURABLE SUPREME COURT.** **ANNEXURE R3(6) TRUE COPY OF THE DEPOSITION OF REV.DAVID V. LUKE.** **ANNEXURE R3(7) TRUE COPY OF THE DEPOSITION OF RT.REV.A.DHARMARAJ RASLAM** **ANNEXURE R3(8) TRUE COPY OF THE DEPOSITIO OF MOST REV.THOMAS K.OOMMEN** ## **TRUE COPY** **PS TO JUDGE**