Allowed

Corporate Management of Schools v. State of Kerala

Kerala HC4 Feb 2021WP(C)/1757/2021

Case brief

AI extract

What is this about?

The Court dismissed the Government's reliance on software installation delays, directing the respondent to consider the petitioner's statutory requests for minority status certificates within three months using the existing NOC.

What did the court decide?

Direction to the first respondent to consider the petitioner's requests for minority status certificates within three months.

Corporate Management of Schools Vs State of Kerala — Education and Admissions | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

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WP(C).No.1757 OF 2021(T)

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PETITIONER:

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CORPORATE MANAGEMENT OF SCHOOLS

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RANNI, ST.THOMAS VALIYAPALLY EDAVAKA, RANNI-689672, THROUGH ITS CORPORATE MANAGER, ZACHARIA STEPHEN.

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BY ADVS. SRI.JOSE ABRAHAM(J-1406) SRI.E.ADITHYAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

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2 DIRECTOR, DIRECTORATE OF MINORITY WELFARE, GOVT. OF INDIA, 4TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM DISTRICT, KERALA-695033.

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SR GP, SMT.NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1757 OF 2021

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JUDGMENT

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Dated this the 4^th day of February 2021

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This writ petition is filed seeking the following reliefs :-

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“i) Issue a writ of certiorari quashing Exhibit-P5 order passed by the first Respondent dated 9-11-2020;

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ii) To issue a Writ of Mandamus or any other appropriate writ, order or direction or command to the First Respondent to consider and pass appropriate orders on Exhibit P6 Representation dated 12-12-2020 within a Reasonable period.”

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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It is submitted by the learned counsel for the petitioner that the petitioner has made an application for conferment of minority status on the educational institution administered by the petitioner. By Ext.P3, the NOC has been issued by the competent authority. Along with the NOC, the petitioner submitted the application before the Government for the minority status certificate. However, the said request was returned by Ext.P5 requiring the petitioner to go before the competent authority again. The learned counsel for the petitioner submits that the Government is the competent authority for awarding

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WP(C).No.1757 OF 2021

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the minority status certificate and that the returning by Ext.P5 was therefore completely vitiated by want of application of mind. Pointing

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out these aspects, the petitioner has again preferred Ext.P6 representation before the Government and seeks a consideration of the same, taking note of the specific provisions of the NCMEI Act, 2004.

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The learned Government Pleader, on instructions, submits that it is for the 1^st respondent to take an appropriate decision on Exts.P4 and P6 requests made by the petitioner and that some time is required for consideration of the application. It is further submitted that a software is being put in place for consideration of such applications and an online application may have to be submitted by the petitioner after the software is installed.

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Having considered the contentions advanced, I am of the opinion that since Exts.P4 and P6 are statutory requests made by the petitioner, the respondents cannot delay the consideration of the same on the ground that a software is being installed and thereafter, online applications will have to be made. I am of the opinion that Exts.P4 and P6 requests are liable to be considered by the 1^st respondent and appropriate orders are liable to the passed thereon, taking note of

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WP(C).No.1757 OF 2021

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Ext.P3 as well.

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In the above view of the matter, there will be a direction to the

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1^st respondent to take up Exts.P4 and P6 requests made by the

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petitioner and to pass orders thereon, taking note of Ext.P3 NOC within a period of three months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the judgment along with a copy of this writ petition before the 1^st respondent for compliance.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C).No.1757 OF 2021

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE ISSUED BY THE GEN DEPARTMENT, GOVT.	ORDER DATED 09.01.2020 ERAL ADMINISTRATION OF KERALA.
EXHIBIT P1(A)	TRUE COPY OF THE DATED 09.01.2020 ADMINISTRATION DE KERALA.	TYPED COPY OF THE ORDER ISSUED BY THE GENERAL PARTMENT, GOVT. OF
EXHIBIT P2	TRUE COPY OF THE (C)NO.17135/2020 2020.	JUDGMENT IN W.P. DATED 19TH DAY OF AUGUST
EXHIBIT P3	TRUE COPY OF THE ISSUED TO THE PET THE DIRECTOR, DIR WELFARE (THE SECO UNDER SECTION 10 DATED 12.10.2020.	NO OBJECTION CERTIFICATE ITIONER INSTITUTION BY ECTORATE MINORITY ND RESPONDENT HEREIN) OF THE NCMEI ACT, 2004
EXHIBIT P4	TRUE COPY OF APPL FORWARDED BY THE RESPONDENT FOR IS STATUS CERTIFICAT THE NCMEI, ACT, 2	ICATION DATED 19.10.2020 PETITIONER TO THE FIRST SUANCE OF THE MINORITY E UNDER SECTION 12(B) OF 004.
EXHIBIT P5	TRUE COPY OF THE FIRST RESPONDENT	ORDER ISSUED BY THE DATED 09.11.2020.
EXHIBIT P6	TRUE COPY OF THE DATED 12.12.2020 RESPONDENT.	DETAIL REPRESENTATION FORWARDED TO THE FIRST

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RESPONDENT'S/S EXHIBITS: NIL

Corporate Management of Schools v. State of Kerala

Case brief

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Corporate Management of Schools v. State of Kerala

Case brief

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