Petitioner sought declaration that her school is a minority educational institution under Article 30 and consideration of Ext.P11 representation. The court directed the first respondent to consider Ext.P11 with notice to affected parties within three months, taking Ext.P12 into account.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 18TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945
WP(C) NO. 5759 OF 2020
PETITIONER:
SR. SANTHANA MARY AUGUSTINA PRESIDENT AND SUPERIOR GENERAL OF THE CONGREGATION OF THE FRANCISCAN SISTERS' OF THE PRESENTATION OF THE BLESSED VIRGIN MARY COIMBATORE, PRESENTATION CONVENT, MOTHER HOUSE, 1253, BIG BAZAAR STREET, TOWN HALL, COIMBATORE - 641 001.
BY ADVS. ELVIN PETER P.J. SRI.K.R.GANESH
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE SECRETARY
GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C)No.5759/2020
MOHAMMED NIAS C.P., J.
- - - - - - - - - - - - - - - - - - - - -
WP(C) No.5759 of 2020
Dated this the 18th day of March, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
“(i)To issue a writ of mandamus or other appropriate writ, order or direction directing the 1st respondent to declare that the St.Hebastian English Medium School, Palakkad is a Minority Educational Institution as envisaged under Article 30 of the constitution of India;
(ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and pass orders on Ext.P11 representation filed by the petitioner after giving an opportunity of hearing to the petitioner within a time frame fixed by this Hon'ble Court;
(iii) To declare that the St.Sebastian English Medium School, Palakkad, run by the petitioner is a minority educational institution envisaged under Article 30 of the Constitution of India;
(iv) To issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”
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WP(C)No.5759/2020
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
dlk/18.3.2024
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WP(C)No.5759/2020
APPENDIX OF WP(C) 5759/2020
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE DATED EDUCA |
COPY 15. TION, |
OF THE ORDER NO.B4/23734/14/K. 2.2016 OF THE DEPUTY DIRECTOR PALAKKAD. |
DIS. OF |
|---|---|---|---|---|
| EXHIBIT P2 | TRUE EDUCA |
COPY TIONAL |
OF THE APPROVED CONSTITUTION OF AGENCY. |
THE |
| EXHIBIT P3 | TRUE DATED |
COPY 19.4. |
OF THE ORDER NO.B5-5775/2015/K. 2016 OF THE D.E.O., PALAKKAD. |
DIS. |
| EXHIBIT P4 | TRUE | COPY | OF THE APPROVED BYELAWS FOR | THE |
| MANAG | EMENT | OF THE 7 AIDED SCHOOLS INCLUDING | THE | |
| ST. KOZHI |
PAU NJAMPA |
L'S HIGHER SECONDARY SCH RA. |
OOL, | |
| EXHIBIT P5 | TRUE SOCIE DATED |
COPY TIES 16.8. |
OF THE CERTIFICATE OF REGISTRATIO ISSUED BY THE REGISTRAR OF SOCIE 1972. |
N OF TIES |
| EXHIBIT P6 | TRUE AS AM |
COPY ENDED |
OF THE AMENDED BYELAWS OF THE SOC UPTO 25TH OCTOBER, 2017. |
IETY |
| EXHIBIT P7 | TRUE DATED |
COPY 4.10. |
OF THE ORDER NO.A5-5742/05/K. 2005. |
DIS. |
| EXHIBIT P8 | TRUE NO.52 |
COPY 44/04/ |
OF THE GOVERNMENT ORDER G.O. G.EDN. DATED 8.12.2004 DECLARED |
(RT) THE |
| FIVE ADMIN |
SCH ISTERE |
OOLS THAT WAS ESTABLISHED D BY THE SOCIETY AS MINO |
AND RITY |
|
| EDUCA PROTE OF IN |
TIONAL CTION DIA. |
INSTITUTION ENTITLED TO UNDER ARTICLE 30 OF THE CONSTITU |
THE TION |
|
| EXHIBIT P9 | TRUE GOVER MINOR |
COPY NMENT ITY ED |
OF THE ORDER DATED 4.7.2019 OF OF INDIA, NATIONAL COMMISSION UCATIONAL INSTITUTIONS. |
THE FOR |
| EXHIBIT P10 | TRUE | COPY | OF THE ORDER DATED 4.2.2014 OF | THE |
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WP(C)No.5759/2020
NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS.
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 7.2.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT (WITHOUT ANNEXURES) EXHIBIT P12 TRUE COPY OF THE ORDER G.O. (RT.) NO. 3950/2021/GEDN DATED 08.09.2021 ISSUED BY THE 1ST RESPONDENT.
1 issue framed by the court
Whether the school run by the petitioner is a minority educational institution under Article 30, and whether the Government should decide Ext.P11 representation in light of Ext.P12.
1 provisions across 1 enactments
Sr. Santhana Mary Augustina
State of Kerala represented by Secretary to Government, General Education Department
The Secretary, General Education Department
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
