The court closed the writ petition after the Government confirmed that the petitioner's upgraded school retains minority status under the existing G.O., thereby redressing the grievance regarding the necessity for a fresh Minority Status Certificate.
School permitted to admit students under 20% minority seats; petition closed as grievance redressed.
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 MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
WP(C) NO. 5312 OF 2021
PETITIONER:
K.IBRAHIM
AGED 69 YEARS
KMHSS, KOTTOOR, KOTTAKKAL,
MALAPPURAM 676 503.
BY ADVS.
AUGUSTINE JOSEPH
SRI.K.S.ROCKEY
SRI.TONY AUGUSTINE
SRI.GEORGE RENOY
RESPONDENTS:
1STATE OF KERALA
REP.BY ITS SECRETARY,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION HIGHER SECONDARY, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM 695 001.3 THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, MALAPPURAM 676 505OTHER PRESENT:
SMT.SURYA BINOY,GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.5312/2021
2
P.V.KUNHIKRISHNAN, J.
W.P.(C).No.5312 of 2021
---------------------------------------------Dated this the 12th day of June, 2023
JUDGMENT
This writ petition is filed with following prayers:
(SIC)
WP(C).No.5312/2021
3
2. When this writ petition came up for consideration
on 25.03.2021, this Court passed the following order:
“Admit.
The learned Government Pleader takes notice for the respondents and seeks time to place a counter affidavit on record.
There will be an interim direction to the respondents to permit the petitioner to admit students under the 20% seats earmarked for the minority community, provisionally and subject to further orders in the writ petition.”
“The learned Government Pleader seeks further adjournment to file a counter affidavit.
I find that by interim order dated 25.03.2021, this Court had directed the respondents to permit the petitioner to admit students under the 20% seats earmarked for the minority community, provisionally and subject to further orders in the writ petition.
The learned counsel appearing for the petitioner seeks for issuance of order for the current academic
WP(C).No.5312/2021
4
year.
In that view of the matter, there will be an interim direction to the respondents to permit the petitioner to admit students under the 20% seats earmarked for the minority community, provisionally and subject to further orders in the writ petition.”
“I am to invite your attention to the reference cited and to inform that WP(C) No.5312/2021 is filed by the Manager, AMHSS, Kottoor, Malappuram. The school was established in 1979 as upper primary under the individual managership of the petitioner who belongs to Muslim Minority community. As per G.O.(Rt.) No.1502/2001/G.Edn date 09.04.2001 (Ext.P2) ‘Minority Status’ was granted to this school. Though the school was started as an upper primary, later upgraded as High School in 2003 and further granted Higher Secondary Section in 2012, Upper Primary, High School and Higher Secondary sections are functioning in one compound and under the same individual Management. Since the primary section of the petitioner School has been granted Minority status vide G.O.(Rt.)No.1502/2001/G.Edn dated 09.04.2001 and hence the upgraded school also have minority status
WP(C).No.5312/2021
5
since it is functioning under the same management. Hence AMHSS, Kottoor has minority rights and no further declaration is necessary in the case of upgraded schools. Necessary instruction has been given to the DGE in the matter.
In the above circumstances, I am to inform the above position before the Hon’ble Court when the case will come up for hearing.”
In the light of the same, nothing survives in this case. The petitioner can admit students under the 20% seats earmarked for the minority community.
Recording the above, this writ petition is closed.
sd/-
P.V.KUNHIKRISHNAN JUDGE
JV
WP(C).No.5312/2021
6
APPENDIX OF WP(C) 5312/2021
PETITION |
ER EXHI |
BITS |
|---|---|---|
EXHIBIT |
P1 |
TRUE COPY OF THE GOVERNMENT ORDER,G.O.(MS) NO.88/79/G.EDN DATED 2.6.1979 |
EXHIBIT |
P2 |
TRUE COPY OF THE GOVERNMENT ORDER,G.O.(RT) NO.1502/2001/G.EDN. DATED9.4.2001. |
EXHIBIT |
P3 |
TRUE COPY OF THE ORDER, G.O.(MS)NO.152/03/G.EDN. DATED 9.6.2003. |
EXHIBIT |
P4 |
TRUE COPY OF THE ORDER G.O.(MS)NO.64/12/G.EDN DATED 27.2.2012. |
EXHIBIT |
P5 |
TRUE COPY OF THE LETTER DATED11.10.2017 FROM THE DEPUTY DIRECTOR OFEDUCATION, MALAPPURAM. |
EXHIBIT |
P6 |
TRUE COPY OF THE GOVERNMENT ORDER,G.O.(MS) NO.1921/2019/G.EDN. DATED27.5.2019 |
EXHIBIT |
P7 |
TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS) NO.2120/2019/G.EDN. DATED3.6.2019. |
EXHIBIT |
P8 |
TRUE COPY OF THE JUDGMENT DATED14.8.2020 IN WP(C) NO.20099/2019 |
EXHIBIT |
P9 |
TRUE COPY OF THE JUDGMENT DATED19.2.2020 IN WA NO.2533/2019 |
EXHIBIT |
P10 |
TRUE COPY OF THE JUDGMENT DATED13.11.2020 IN WP(C) NO.8563/2020 |
K.Ibrahim
State of Kerala
Director of General Education
Regional Deputy Director Higher Secondary Education
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court