The President of CMC, Mary Matha Educational Trust functioning as the Manager of St.Joseph Higher Secondary School, Chengal, Ernakulam and St Joseph Girls Higher Secondary School, Karukutty, Ernakulam v. The State of Kerala and Others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Raja Vijayaraghavan V
- Judgment Date
- 2021-09-23
- Court Decision / Holding
- The writ petition is disposed of with directions to permit admissions to the seats earmarked towards the community quota for the 2021-22 academic year, as per the prospectus, subject to the petitioner filing an affidavit that they shall produce the Minority Status Certificate before the end of the academic year. The 1st respondent is directed to process Ext. P7 in light of Ext. P6 and take a decision within three months from the date of production of a copy of this judgment.
- Final Disposition
- Writ petition disposed of with directions to permit admissions to community quota for 2021-22 and to process minority status application within a three-month period, with an affidavit to produce minority status by year-end.
Parties to the Case
Appellants / Petitioners
- The President of CMC, Mary Matha Educational Trust functioning as the Manager of St.Joseph HSS, Chengal, Ernakulam and St Joseph Girls HSS, Karukutty, Ernakulam
Respondents
- The State of Kerala represented by Secretary, General Education Department, Thiruvananthapuram
- The Director of General Education, Directorate of General Education, Thiruvananthapuram
- The Regional Deputy Director, Higher Secondary Education, Ernakulam
- Director, Directorate of Minority Welfare, Government of Kerala
Legal Representation & Advocates
Counsels for Petitioners
- • N. Satheesh
- • K. Janardhana Shenoy
- • Martin Chacko
- • Priya Carol
- • S. Rakhee
Counsels for Respondents
- • Smt. Nisha Bose, Sr GP
Case Synopsis & Summary
The petitioner, Mary Matha Educational Trust, runs two aided higher secondary institutions (St. Joseph HSS, Chengal, and St. Joseph Girls HSS, Karukutty) which were upgraded to higher secondary status from 2014. It asserts that the National Commission for Minority Educational Institutions (NCMEI) has granted minority status to these schools (Ext. P2) and that, under Article 30(1) of the Constitution, they are protected as minority educational institutions. The primary grievance is the non-issuance of the minority status certificate, a prerequisite for admitting students under the 20% community quota. The petitioner had filed Ext. P3 (18-11-2019) seeking minority status; Ext. P4 informs that the NCMEI Act allocates the 4th respondent as the competent authority to issue No Objection Certificates and that the Secretary, General Education Department is the competent authority under Section 12(B) to decide minority status applications. In 2020-21, the court (Ext. P5) permitted admissions in the community quota, and the 4th respondent issued Ext. P6 NOC. The petitioner filed Ext. P7 and alleges inaction by the 1st respondent due to lack of an administrative mechanism. The court recognizes that minority status remains by virtue of law and precedent (N. Ammad; St. Stephen’s College) and directs the respondents to permit admissions to community quota for 2021-22, with the petitioner filing an affidavit to produce minority status by year-end and the 1st respondent processing Ext. P7 in light of Ext. P6 within three months.
Provisions of Law Cited
Legal Doctrines & Maxims
- Minority Educational Institutions have the right to preserve a certain percentage of seats for their community candidates and are entitled to give them preference in admission to maintain the minority character of the institution
- A school which is otherwise a minority school would continue to be so whether the Government declared it as such or not
- Declaration by the Government is, at best, a recognition of an existing fact
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contend that their schools have minority status (Ext. P2) and are entitled to protection under Article 30(1). They seek issuance of the minority status certificate and permission to admit students under the 20% community quota in the 2021-22 academic year. They rely on Ext. P3 (application for minority status), Ext. P6 (NOC), and Ext. P7 (application to be processed) and note past directions allowing admissions in 2020-21 (Ext. P5). They argue delay by the 1st respondent due to lack of administrative mechanism is unjust and that the minority status once conferred should be recognized and acted upon.
Contentions of Respondents
The respondents contend that the minority status certificate has not been issued due to the lack of an established administrative mechanism to process such applications. They point to Ext. P4 indicating competent authorities under NCMEI Act and that a formal decision is pending. Admissions in the community quota cannot proceed without the minority status certificate, and the government must process Ext. P7 in accordance with Ext. P6. They emphasize the requirement of a valid minority certificate for admissions and the ongoing procedural framework.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| N. Ammad v. Manager, Emjay High School and Ors | [(1998) 6 SCC 674] | Positive | Used to support the proposition that a minority school continues to be a minority despite government declaration, recognizing an existing minority status. |
| St. Stephen’s College v. University of Delhi | [AIR 1992 SC 1630] | Positive | Cited for the principle that minority educational institutions have the right to preserve a portion of seats for their community candidates to maintain minority character. |
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