Disposed

St.Monica Educational Trust v. State of Kerala

Kerala HC29 Mar 2022WP(C)/7470/2022

Case brief

AI extract

What is this about?

This writ petition challenged the requirement by the Directorate of Minority Welfare to produce a Registration Certificate for obtaining an NOC under the NCMIE Act, 2004. The trial court observed that the Trust had complied with the interim direction to produce documents and disposed of the petition by directing respondents to decide the application within 15 days.

What did the court decide?

Direction to respondents to decide the application for NOC under Section 10 of NCMIE Act, 2004 within 15 days.

St.Monica Educational Trust Vs State of Kerala — Education and Admissions | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE AMIT RAWAL

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TUESDAY, THE 29^TH DAY OF MARCH 2022 / 8TH CHAITHRA, 1944 WP(C) NO. 7470 OF 2022

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PETITIONER:

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ST.MONICA EDUCATIONAL TRUST KUMBLA P.O., KOIPADY VILLAGE, MANJESHWAR TALUK, KASARGOD DISTRICT,KERALA-671 321, THROUGH ITS MANAGING TRUSTEE FR.ANIL PRAKSH D'SILVA

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BY ADVS. JOSE ABRAHAM PHILIP.N.JOSEPH E.ADITHYAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001

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2 DIRECTOR, DIRECTORATE OF MINORITY WELFARE, GOVT OF KERALA, 4TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM DT, KERALA-695 033 3 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REGISTRY, KERALA GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM-695 001

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4 THE SUB REGISTRAR, MANJESHWAR SUB REGISTRY, MANJESWARAM P.O., KASARAGOD, KERLAA-671 323 5 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001 SRI.JIMMY GEORGE, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.7470/2022

JUDGMENT

The petitioner has approached this Court with the following

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prayers :

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(i) To issue a writ of certiorari or any other appropriate writ, order or direction calling for all the records leading to issuing Ext.P3 order to the extent the order insist for production of Registration Certificate of the petitioner Trust Deed.

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(ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing to the second respondent for issuance of NOC in the name of St.Monica English Medium School, Kumbla, without insisting for production of Registration Certificate of the petitioner Trust Deed. (iii) Direct any other relief/order/direction which the Hon'ble Court may deed fit and just in the light of the facts and circumstances of this case.”

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2. The aforementioned prayer was backed on the argument

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that it is a Christian Religious and Educational Minority Registered Trust constituted by the members of the Christian community. The Department of General Administration, Government of Kerala vide order dated 9.1.2020 prescribed the procedures and formalities for the purpose of entertaining the applications regarding issuance of minority status certificate by the competent authority of the State Government as per the National Commission for Minority Educational Institutions Act, 2004. The petitioner submitted Ext.P2 application under Section 10 of the said Act before the Directorate of Minority Welfare, Government of Kerala

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WP(C) No.7470/2022

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seeking No Objection Certificate in the name of St.Monica English Medium School, Kumbla. On the receipt of the application, the second respondent directed the petitioner to produce copy of the registration certificate of the Trust vide Ext.P3 communication dated 17.11.2021. The petitioner appeared on 1.12.2021 via online medium, but the Authorities insisted for production of the registration certificate and it is on that ground the petitioner has to approach this Court.

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This Court while entertaining the Writ Petition on 7.3.2022 passed the following interim order :

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“Admit. The learned Government Pleader takes notice for the respondents.

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2. According to the petitioner it is a Christian Religious and Educational Minority Registered Trust which is constituted by the members of the Christian Community. The learned counsel submits that, the petitioner submitted an application under Section 10 of the National Commission for Minority Educational Institutions Act, 2004 before 2nd respondent – the Directorate of Minority Welfare, Government of Kerala seeking NOC in the name of St.Monica English Medium School, Kumbla. In the application, the 2nd respondent issued an order directing the petitioner to produce copy of the Registration Certificate of the petitioner Trust.

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3. According to the petitioner, the Trust is registered in accordance with the provisions of the Indian Trust Act, 1882 and no Registration Trust Certificate is issued in the name of the Petitioner Trust and therefore the 2nd respondent cannot insist on production of trust deed which the petitioner trust does not possess and there is not such document issued as per the Indian Trust Act, 1882. Having regard to the submissions made, there will be a direction to the petitioner to appear before the 2nd respondent within one week from today and produce the original of Exts.P1 and P1(A). The 2nd respondent shall consider the application submitted by the petitioner without insisting on the production of the Registration Certificate. The 2nd respondent shall hear the

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WP(C) No.7470/2022

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petitioner and take a decision on the application.”

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It has been informed that the petitioner had appeared before the second respondent and the second respondent was directed to consider the application without insisting for the production of the registration certificate.

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Learned Government Pleader submits that despite intimation through phone call, no response has been received.

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This Court is sanguine of the fact that the second respondent would have complied with the direction of this Court for the purpose of deciding the application for issuance of minority certificate as noticed above without insisting for production of registration certificate. Since no order has been communicated, I dispose of the Writ Petition by issuing directions to the respondents to communicate the decision on the application of the petitioner Ext.P2 submitted under Section 10, within a period of 15 days from the date of receipt of a certified copy of the judgment.

Sd/-

AMIT RAWAL JUDGE

csl

WP(C) No.7470/2022

APPENDIX OF WP(C) 7470/2022

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PETITIONERS' EXHIBITS

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Exhibit P1	TRUE COPY OF THE REGISTERED TRUST DEED DATED 12.07.2006
Exhibit P1(a)	AMENDMENT DEED DATED 21.10.2021
Exhibit P2	TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION FOR NOC DATED 13.08.2021
Exhibit P3	TRUE COPY OF THE ORDER ISSUED BY THE DIRECTOR, DIRECTORATE OF MINORITY WELFARE, GOVT. OF KERALA DATED 17.11.2021 WITH TRANSLATION
Exhibit P4	TRUE COPY OF THE INTERIM ORDER PASSED IN WPC 21224 OF 2021 DATED 6TH OCTOBER 2021

St.Monica Educational Trust v. State of Kerala

Case brief

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St.Monica Educational Trust v. State of Kerala

Case brief

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