A charity society challenged the 80:20 Muslim-Christian benefit ratio, arguing Christian strength (18.38%) was lower than the ratio implied. The Court noted the petitioner did not inform the Government of this discrepancy and directed them to raise the grievance officially before disposing of the petition.
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.
WP(C).No.25691 OF 2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 23RD DAY OF NOVEMBER 2020 / 2ND AGRAHAYANA, 1942
WP(C).No.25691 OF 2020(J)
PETITIONER/S:
CATHOLIC FEDERATION CHARITABLE SOCIETY REG NO.KTM/TC/40/2016, KOTTAYAM-686 001, REP BY PRESIDENT, ADV.MR.P.P.JOSEPH
BY ADV. SRI.JOSSY KURIAN
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF MINORITY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 THE DIRECTOR, DIRECTORATE OF MINORITY WELFARE, 4TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033
OTHER PRESENT:
GP - SMT. PRINCY XAVIER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.25691 OF 2020
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JUDGMENT
Dated this the 23rd day of November 2020
The complaint of the petitioner is regarding the ratio given as 80:20 between Muslim and Christian students for the purpose of granting benefits to minority seats. The contention of the petitioner society is that strength of Christians in the State is only 18.38% whereas strength of Muslim is only 26.56% and there is no basis for fixing the ratio of 80:20 between Muslim and Christian students.
But it is seen that the petitioner has not brought this to the notice of the Government. At any rate nothing is produced along with this Writ Petition. Therefore, the petitioner would be free to approach the Government raising its grievance.
The Writ Petition is accordingly disposed of.
Sd/-
P.V.ASHA
rkc
JUDGE
WP(C).No.25691 OF 2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF REGISTRATION CERTIFICATE DATED |
|---|---|
| 06.01.2016 ISSUED BY THE REGISTRAR OF SOCIETIES, KOTTAYAM |
|
| EXHIBIT P1A | TRUE COPY OF THE BYE-LAW OF THE PETITIONER SOCIETY |
| EXHIBIT P1B | TRUE COPY OF THE RESOLUTION DATED 10.11.2020., AUTHORISED IT'S PRESIDENT TO CONDUCT CASE BEFORE THE HIGH COURT FOR AND AGAINST THE PETITIONER SOCIETY |
| EXHIBIT P2 | TRUE COPY OF GO(K) NO.57/2011 DATED 22.2.2011, ISSUED BY THE 1ST RESPONDENT WITH TYPED COPY |
| EXHIBIT P3 | TRUE COPY OF THE GO(RT) NO.5457/2013/GAD DATED 4.7.2013 ISSUED BY THE 1ST RESPONDENT |
| EXHIBIT P4 | TRUE COPY OF THE GO(RT) NO.3427/2015/GAD |
| DATED 08.05.2015 ISSUED BY THE 1ST RESPONDENT |
|
| EXHIBIT P5 | A TRUE COPY OF REPLY DATED 14.10.2019 UNDER RIGHT TO INFORMATION ACT |
| EXHIBIT P6 | A TRUE COPY OF THE GOVERNMENT NOTIFICATIN DURING THE PERIOD OF 2018 |
| EXHIBIT P7 | TRUE COPY OF THE BOOKLET OBTAINED UNDER RIGHT TO INFORMATION ACT, 2005 |
| EXHIBIT P8 | A TRUE COPY OF A LIST DOWNLOADED BY WEBSITE, DIRECTORATE OF MINORITY WELFARE DEPARTMENT, GOVERNMENT OF KERALA |
| EXHIBIT P9 | A TRUE COPY OF LIST OF CENTERES DOWNLOADED FROM DEPARTMENT OF MINORITY WELFARE , GOVERNMENT OF KERALA |
| EXHIBIT P10 | A TRUE COPY OF THE REPLY DATED 28.03.2018 SEND BY THE ADMINISTRATIVE OFFICER, MINORITY WELFARE DIRECTORATE , THIRUVANANTHAPURAM |
| EXHIBIT P11 | A TRUE COPY REPRESENTATION MADE BY ARCH BISHOP OF THRISSUR DIOCESE AND DIRECTOR OF |
WP(C).No.25691 OF 2020
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| EXCEL ACADEMY ON 14 | .08.2019 | |
|---|---|---|
| EXHIBIT P12 | A TRUE COPY OF REP BISHOP OF THRISSUR EXCEL ACADEMY ON 20 |
RESENTATION MADE BY ARCH DIOCESE AND DIRECTOR OF .10.2017 |
| EXHIBIT P13 | A TRUE COPY OF 29.07.2019 ISSUED AGRICULTURE,V.S.SUN |
COVERING LETTER DATED BY THE MINISTER FOR ILKUMAR |
| EXHIBIT P14 | TRUE COPY OF THE DATED 10.03.2019 I OF MINORITY WELFARE |
ORDER NO.878/AD-2/2019 SSUED BY THE DEPARTMENT |
2 issues framed by the court
Whether the 80:20 ratio between Muslim and Christian students for minority benefits is legally sustainable given the claimed demographic strengths.
Whether the petitioner society had a duty to bring demographic discrepancies to the notice of the Government before filing this petition.
CATHOLIC FEDERATION CHARITABLE SOCIETY
STATE OF KERALA
DIRECTOR, DIRECTORATE OF MINORITY WELFARE
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
