Disposed

Sr.Santhana Mary Agustina v. the State of Kerala

Kerala HC19 Mar 2024WP(C)/4744/2020

Case brief

AI extract

What is this about?

Petitioner sought minority status for her congregation's educational agency; a prior government order had granted it for another school of the same society. The court directed the State to consider the pending representation taking note of that earlier order within three months.

What did the court decide?

Direction to first respondent to decide Ext.P-12 representation considering Ext.P-13 within 3 months.

Sr.Santhana Mary Agustina Vs the State of Kerala — Education and Admissions | Kerala HC (2024)

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WP(C) NO. 4744/2020

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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 MOHAMMED NIAS C.P.

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TUESDAY, THE 19^TH DAY OF MARCH 2024 / 29TH PHALGUNA, 1945 WP(C) NO. 4744 OF 2020

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PETITIONER:

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SR.SANTHANA MARY AGUSTINA, PRESIDENT AND SUPERIOR GENERAL OF THE CONGREGATION OF THE FRANCISCAN SISTERS, OF THE PRESENTATION OF THE BLESSED VIRGIN MARY COIMBATORE, PRESENTATION CONVENT, MOTHER HOSE 1253, BIG BAZAAR STREET, NEAR TOWN HALL, COIMBATORE 641 001.

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BY ADVS.M/S.ELVIN PETER P.J. & K.R.GANESH

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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SMT.K.G.SAROJINI, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 4744/2020

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MOHAMMED NIAS C. P. , J.

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=========================

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W. P. (C) No. 4744 of 2020

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=========================

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Dated this the 19^th day of March, 2024

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J U D G M E N T

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The petitioner has preferred Ext.P-12 representation before the first respondent claiming minority status. The learned counsel for the petitioner submits that by Ext.P-13, concerning another school of the same Agency the, minority status has been allowed.

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Under such circumstances, there will be a direction to the first

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respondent to decide on Ext.P-12, taking note of Ext.P-13, within an

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outer time limit of 3 months from receipt of a copy of this judgment.

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The Writ Petition is disposed of as above.

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Sd/-

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MOHAMMED NIAS C. P., JUDGE

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MMG

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WP(C) NO. 4744/2020

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APPENDIX OF WP(C).NO.4744/2020 PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER NO. B4/23734/14/K.DIS DATED 15/02/2016 OF THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. EXHIBIT P2 TRUE COPY OF THE APPROVED CONSTITUTION OF THE EDUCATIONAL AGENCY. EXHIBIT P3 TRUE COPY OF THE ORDER NO. B55775/2015/K.DIS DATED 19.04.2016 OF THE D.E.O PALAKKAD. EXHIBIT P4 TRUE COPY OF THE APPROVED BYELAWS FOR THE MANAGEMENT OF THE 7 AIDED SCHOOLS INCLUDING THE ST. PAULS HIGHER SECONDARY SCHOOL, KOZHINJAMPARA. EXHIBIT P5 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF SOCIETIES ISSUED BY THE REGISTRAR OF SOCIETIES DATED 16.08.1972. EXHIBIT P6 TRUE COPY OF THE AMENDED BYELAWS OF THE SOCIETY AS AMENDED UPTO 25TH OCTOBER 2017. EXHIBIT P7 TRUE COPY OF THE ORDER G.O. (MS0 N. 243/97/G.EDN. DAETD 02.07.1997 OF THE GOVERNMENT ACCORDING SANCTION TO OPEN AN AIDED HIGH SCHOOL IN MARUTHARODE PANCHAYAT IN PALAKKAD DISTRICT TO THE PETITIONERS EDUCATIONAL AGENCY. EXHIBIT P8 TRUE COPY OF THE BYE LAWS FRAMED BY THE EDUCATIONAL AGENCY FOR THE MANAGEMENT OF THE ST. SEBASTIANS HIGH SCHOOL DAD 28.03.2012.

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WP(C) NO. 4744/2020

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EXHIBIT P9 TRUE COPY OF THE GOVERNMENT ORDER G.O. (RT) NO. 5244/04/G.EDN DATED 08.12.2004 DECLARED THE SIX SCHOOLS THAT WAS ESTABLISHED AND ADMINISTERED BY THE SOCIETY AS MINORITY EDUCATIONAL INSTITUTION ENTITLED TO THE PROTECTION UNDER ARTICLE 30 OF THE CONSTITUTION OF INDIA. EXHIBIT P10 TRUE COPY OF THE ORDER DATED 04.07.2019 OF THE GOVERNMENT OF INDIA, NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS. EXHIBIT P11 TRUE COPY OF THE ORDER DATED 04.02.2014 OF THE NATIONAL COMMISSION FOR MINORITY EDUCATION INSTITUTIONS. EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 21.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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EXHIBIT P13 TRUE COPY OF THE ORDER G.O. (RT.) NO. 3950/2021/GEDN DATED 08.09.2021 ISSUED BY THE 1ST RESPONDENT.

Sr.Santhana Mary Agustina v. the State of Kerala

Case brief

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Sr.Santhana Mary Agustina v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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