Allowed

State of Kerala v. P.K.M.College of Education

Kerala HC22 Jan 2009WA/736/2007

Case brief

AI extract

What is this about?

The High Court of Kerala held that the Tahsildar is the statutory authority to issue community certificates for Syrian Catholic subdivisions. If school records show Syrian Catholic affiliation, the Tahsildar must consider a parish priest's certificate to determine Knanaya community status and issue the required certificate for college admission.

What did the court decide?

The order directing that the Tahsildar must be satisfied based on the parish priest's certificate to issue a community certificate was favoured. Allotments should be made according to the prospectus.

State of Kerala Vs P.K.M.College of Education — Education and Admissions | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930

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WA.No. 736 of 2007() -------------------AGAINST THE JUDGEMENT/ORDER IN WPC.28521/2006 Dated 22/11/2006 ....................

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APPELLANT(S): RESPONDENT IN THE WPC:

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------------------------------------------------------------------1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, THIRUVANANTHAPURAM.

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3. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM.

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4. ENTRANCE EXAMINATION COMMISSIONER, OFFICE OF THE KERALA GOVERNMENT ENTRANCE EXAMINATION COMMISSIONER, SANTHI NAGAR, THIRUVANANTHAPURAM.

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BY GOVERNMENT PLEADER SMT. K.MEERA

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RESPONDENT(S): PETITIONER IN THE WPC:

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-----------------------------------------------------------------SRI.P.K.M.COLLEGE OF EDUCATION, MADAMPAM, KANNUR, REPRESENTED BY ITS MANAGER, BISHOP MAR JOSEPH PANDASRASSERIL, SREEPURAM BISHOP'S HOUSE, PALLIKUNNU P.O., KANNUR.

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BY ADV. MR.K.SUBASH CHANDRA BOSE

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22/01/2009 ALONG WITH W.A.NO.907 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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J.B. Koshy,Ag.C.J. & V. Giri, J.

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W.A.Nos.736 & 907 of 2007

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Dated this the 22nd day of January, 2009

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Judgment

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Koshy, Ag.C.J.

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Writ petitioner in W.P.(C) No.28650 of 2006 applied for admission to B.Ed. Course in the third respondent college which is run by Knanaya Catholic community. Tahsildar issued a certificate that petitioner belongs to syrian catholic community. Knanaya is a subdivision of syrian catholicy community as can be seen from Ext.P1. W.P.(C) No.28521 of 2006 is filed by the college contending that it is an aided institution under the management of Knanaya Catholic community and it is the only college run by the Knanaya community conducting B.Ed. course. Knanaya community is a sub-division of Roman Catholic Church. The members of this community came to Kerala in A.D.345 and they are maintaining their own customs. They won't marry from other divisions of Roman Catholic Church or other christian community. Community quota allotted to the college can be filled up only from the microscopic minority community. The learned single Judge directed that the management can give admission in the community quota provided that the parish priest issues a community

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W.A.Nos.736 & 907/2007

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certificate to that effect. Only last part is questioned by the State as it may affect other cases also. The course for which petitioner applied for admission is already over and, therefore, we are only concerned with the above question. We make it clear that Tahsildar is the statutory authority who is entitled to give community certificate. When question arises whether the petitioner belongs to a particular division in the syrian catholic community, Tahsildar should consider the relevant materials. The certificate issued by the parish priest is the most reliable material to decide whether a candidate belongs to Knanaya Catholic community or not. If the school records show only that the student is a syrian christian or syrian catholic and if a certificate is required stating that the above candidate belongs to Knanaya Catholic community, based on enquiry and certificate of the parish priest, if Tahsildar is convinced that he belongs to Knanaya Catholic community, Tahsildar is bound to give such a certificate and the student will be eligible to be admitted in the community quota reserved for Knanaya Catholic community. In this college, to get admission in the community quota, the candidate should prove that he belongs to Knanaya community. We alter the above decision accordingly. Allotments should be made in accordance with the

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W.A.Nos.736 & 907/2007

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prospectus. Both writ appeals are disposed of with the above

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observations.

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J.B.Koshy Acting Chief Justice

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V. Giri Judge

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vaa

State of Kerala v. P.K.M.College of Education

Case brief

What is this about?

What did the court decide?

State of Kerala v. P.K.M.College of Education

Case brief

What is this about?

What did the court decide?

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