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

**WP(C) NO. 19791 OF 2021** **1** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **THURSDAY, THE 23[RD] DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943** **WP(C) NO. 19791 OF 2021** ## **PETITIONER/S:** **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, PIN-683574.** **BY ADVS. N.SATHEESH K.JANARDHANA SHENOY MARTIN CHACKO PRIYA CAROL S.RAKHEE** ## **RESPONDENT/S:** - **1 THE STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-6950001.** - **2 THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695014.** - **3 THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION ERNAKULAM, EDAPPALY-682024.** - **4 DIRECTOR, DIRECTORATE OF MINORITY WELFARE, GOVERNMENT OF KERALA, 4TH FLOOR, VIKAS BHAVAN, THIRUVANANTHPURAM, KERALA-695033.** **SMT.NISHA BOSE, SR GP** **WP(C) NO. 19791 OF 2021** **2** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 19791 OF 2021** **3** ## **JUDGMENT** The Mary Matha Educational Trust represented by its President, the petitioner herein, is an approved Corporate Educational Agency. They have established two aided schools in the State of Kerala namely, the St. Joseph Higher Secondary School, Chengal, and St.Joseph Girls Higher Secondary School, Karukutty. The aforesaid schools were upgraded as Higher Secondary Schools from 2014. It is contended that the National Commission for Minority Educational Institutions has issued Ext.P2 certificate conferring minority status to both the schools. The petitioner asserts that in view of the above, the schools run by the petitioner is entitled to protection under Article 30(1) of the Constitution of India. 2. The grievance of the petitioner in this writ petition concerns the non-issuance of the minority certificate, the production of which is a condition precedent to make admissions to the seats earmarked as community quota in the school. 3. The petitioner states that on 18.11.2019, the petitioner had submitted Ext.P3 application before the 1st respondent seeking grant of minority status certificate. The said request was responded with Ext.P4 communication wherein it is stated that the Government has appointed the 4th respondent as the competent authority under Section 10 of the National **WP(C) NO. 19791 OF 2021** **4** Commission for Minority Educational Institutions (NCMEI) Act, 2004, to decide on the application regarding issuance of No Objection Certificate for the establishment of educational institutions by minorities. It is also stated that the Secretary General, Education Department, is the competent authority under Section 12(B) of NCMEI Act to decide on the application regarding minority status of educational institutions. 4. The petitioner contends that during the academic year 2020-2021, since the Government insisted on production of Minority Status Certificate for opening the link for uploading the applications submitted by the students of minority community, the petitioner had approached this Court and by Ext.P5 judgment in W.P.(C) No.16794/2020, this Court had permitted the petitioner to admit students to the 20% community quota. The 4th respondent was also directed to consider the application submitted by the petitioner. The petitioner contends that the 4th respondent considered the request and issued Ext.P6 No objection certificate in granting minority status to the Schools run by the petitioner. Armed with Ext.P6, the petitioner is stated to have approached the 1st respondent and submitted Ext.P7 application seeking issuance of minority status certificate. It is contended that the 1st respondent has not taken any action to date. The explanation offered to the petitioner is that the 1st respondent has not established the administrative mechanism to process the application. **WP(C) NO. 19791 OF 2021** **5** 5. The petitioner contends that the admission procedure for the academic year 2021-2022 has commenced and the submission of online applications to community quota seats will start on 20.9.2021. In response to the application submitted by the petitioner, Ext.P8 verification report has been issued wherein it is stated that the admission to community quota seats will be based on the submission of the minority certificate. According to the petitioner, unless the certificate sought for by the petitioner is submitted, they will not be permitted to make admissions to the community quota. It is contended that the petitioner has been enjoying the minority status and they have been admitting students in the minority quota from the very inception of the school. They are also stated to have remitted fees in the Government treasury for admitting the students to the minority quota. It is owing to the delay on the part of the respondents in expeditiously considering the application submitted by the petitioner that this stalemate has occurred. It is in the afore circumstances that the petitioner is before this Court seeking directions to the respondents 1 and 2 to permit the petitioner to make admission to 20% seats in the Higher Secondary Section of the St. Joseph Higher Secondary School, Chengal, and St.Joseph Girls Higher Secondary School, Karukutty school in respect of the seats earmarked towards community quota and for further directions. 6. I have heard Shri. N. Satheesh, the learned counsel for the petitioner and Smt. Nisha Bose, the learned Senior Government Pleader **WP(C) NO. 19791 OF 2021** **6** ## appearing for the respondents. 7. The records reveal that the petitioner has been enjoying minority status from the year 2013 onwards and till last year they were being permitted to make admissions in the minority quota, as per the Rules. It was considering these aspects that the petitioner was permitted to make admissions in the minority quota by this Court while passing Ext.P5 judgment. It also appears that when the condition for the production of minority status certificate was imposed, the petitioner had approached this Court and had filed W.P.(C) No.16794 of 2019 and during the pendency of the writ petition, the respondents had permitted the petitioner to make admissions under the community quota. Even during the last academic year, taking note of the filing of the application by the petitioner before the competent authority, this Court had directed the respondents to admit the students to the community quota for the academic year 2020-2021. I find that the competent authority has considered the application and has issued a no-objection certificate in favour of the petitioner herein. However, the records reveal that the petitioner approached the 1st respondent seeking issuance of the minority certificate only on 18.8.2021. Of course, the petitioner has a contention that in view of the restrictions imposed in the State due to the Pandemic they were not in a position to approach earlier. They also contend that the respondents have been delaying the acceptance of the application by stating that they have not been able to establish a mechanism to process the application. Be that as it **WP(C) NO. 19791 OF 2021** **7** may, I find that this Court had by Ext.P5 judgment issued directions to the respondents to permit the petitioner to admit students in the minority quota for the academic year 2020-2021. The petitioner is in a better position now that the 4th respondent has issued Exhibit P6 NOC. 8. Now that the admission procedure for the academic year 20212022 is slated to commence on 20.9.2021 and as the respondents have not taken a decision on Ext.P7 application filed by the petitioner, the petitioner would not be able to make admission to the seats earmarked towards community quota. It is by now settled that a school which is otherwise a minority school would continue to be so whether the Government declared it as such or not and the declaration by the Government is at best only a recognition of an existing fact that it is being administered by a minority community. (See **N. Ammad v. Manager, Emjay High School and Ors** [(1998) 6 SCC 674]). It is equally settled that Minority Educational Institutions has 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 (See **St. Stephen’s College v. University of Delhi** [AIR 1992 SC1630]). 9. Having considered the entire facts, I am of the view that in view of Ext.P2 and P6 and the pendency of Ext.P7 application, necessary directions can be issued to the respondents to permit the petitioner to make admissions **WP(C) NO. 19791 OF 2021** **8** to the seats earmarked towards community quota as per the prospectus for admissions to the Higher Secondary Section of St. Joseph Higher Secondary School, Chengal, and St.Joseph Girls Higher Secondary School, Karukutty. There will be a direction to the petitioner to file an affidavit before the 1st respondent undertaking that they shall produce the Minority Status Certificate before the end of the academic year. The 1st respondent shall process Ext.P7 application in the light of Ext.P6 and take a decision within a period of three months from the date of production of a copy of this judgment. This writ petition is disposed of with the above observations. **Sd/-** **RAJA VIJAYARAGHAVAN V** **JUDGE** sru **WP(C) NO. 19791 OF 2021** **9** ## **APPENDIX OF WP(C) 19791/2021** ## **PETITIONER EXHIBITS** **Exhibit P1** **A TRUE COPY OF THE TRUST DEED NO.538/05/IV DATED 13.07.2005** **Exhibit P2 A TRUE COPY OF THE CERTIFICATE DATED 11.02.2013 ISSUED BY NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS WHICH CONFER MINORITY STATUS OF THE ST.JOSEPH HSS, CHENGAL AND ST.JOSEPH GIRLS HSS, KARUKUTTY, ERNAKULAM** - **Exhibit P3 TRUE COPY OF THE APPLICATION DATED 18-112019 SUBMITTED BEFORE THE 1ST RESPONDENT** **Exhibit P4 A TRUE COPY OF THE COMMUNICATION NO.GEDNF3/10/2020-G.EDN DATED 3-2-2020 FROM THE 1ST RESPONDENT** **Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 14-082020 IN W.P(C)NO.16794/2020 Exhibit P6 A TRUE COPY OF THE ORDER NO.232/MSC/2020/MWD DATED 04.01.2021 GIVING NOC.** **Exhibit P7 A TRUE COPY OF THE APPLICATION DATED 18.08.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. Exhibit P8 A TRUE COPY OF THE VERTIFICATE REPORT DATED 07.09.2021.** **RESPONDENTS EXHIBITS:NIL**