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1988 Supreme(Ker) 287

MALIMATH, BHASKARAN NAMBIAR
YOUNUS KUNJU – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. A short controversy, relating to admission of students to an aided training school, remains to be resolved in this appeal. The academic year has commenced; the admissions can no longer wait; the dispute thus requires to be settled without any further delay.

2. The appellant is the Manager of an aided training school governed by the Kerala Education Act and the Rules made thereunder. The rules regulate admission and twenty per cent of the seats alone are reserved for selection by the Managers of these aided institutions while sixty per cent of the seats are filled by selection through the Public Service Commission and twenty per cent by deputation of untrained teachers in Government schools. This statutory restriction is challenged by the appellant on the ground that it offends bis fundamental right under Art.30(1) of the Constitution. He claims that he is the Manager of an educational institution established and administered by a minority community and R.6, 7 and 8 in Chapter XXV of the rules (K.E R. for short) are inapplicable to him and his training school. The Government on the other hand refute bis claim and assert that the appellant's school was never treated or












































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