Petitioner apprehended losing minority status benefits for community quota admissions. Court, noting extension of benefits via a fresh government order, found no basis for apprehension and disposed of the petition. Affirmed entitlement unless ordered otherwise.
Petitioner to continue availing previous benefits unless ordered otherwise.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 14TH DAY OF AUGUST 2020 / 23RD SRAVANA, 1942
WP(C).No.20099 OF 2019(J)
PETITIONER:
K.IBRAHIM AGED 68 YEARS MANAGER, AKMHSS, KOTTOOR, KOTTAKKAL, MALAPPURAM.
BY ADVS. SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY SRI.TONY AUGUSTINE SRI.GEORGE RENOY
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, MALAPPURAM-676 505.
OTHER PRESENT:
SR.GP.SRI.ARAVINDA KUMAR BABU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Petitioner claims that as per Ext.P2 order
dated 09.04.2001 Ahamed Kurikkal Memorial Upper Primary School, Kottoot was granted minority status and that U.P. School was subsequently upgraded and it continued to avail the benefit of minority status. The petitioner apprehends that in view of Ext.P6 order passed on 27.05.2019 this year also Government will insist production of separate certificate for Higher Secondary wing for the purpose of admitting students in the community quota.
Therefore I find that there is no basis for the apprehension of the petitioner. In case the petitioner was allowed to admit students in the community quota in the previous years based on Ext.P2
WP(C).No.20099 OF 2019(J)
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order, petitioner would continue to avail those benefits unless ordered otherwise.
The writ petition is disposed of accordingly.
Sd/- P.V.ASHA, JUDGE
AS
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER DATED 2.6.1979. EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER DATED 9.4.2001. EXHIBIT P3 TRUE COPY OF THE G.O. (MS) NO. 152/03/G.EDN DATED 9.6.2003. EXHIBIT P4 TRUE COPY OF THE G.O. (MS) NO. 64/12/G.EDN DATED 27.2.2012. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 11.10.2017 FROM THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. EXHIBIT P6 TRUE COPY OF THE GOVERNMENT ORDER DATED 27.5.2019 EXHIBIT P7 TRUE COPY OF THE GOVERNMENT ORDER DATED 3.6.2019
1 issue framed by the court
Whether the petitioner can continue to avail benefits of minority status without producing a separate certificate for Higher Secondary wing for community quota admission.
K.IBRAHIM
STATE OF KERALA
THE DIRECTOR, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM
THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, MALAPPURAM
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
