IMPORTANT POINTS
" As per the seat matrix approved by the State, candidates belonging to Christian communities have been permitted to support their applications with certificates issued by various religious functionaries like Pastors, Parish Priests, Bishops etc. At the same time, Muslim students are to produce certificates issued by Revenue authorities, as proof of their community status
" The certificates that are permitted to be produced by the Christian students are in addition to certificates issued by the Revenue authorities-As a rule, the community status could be certified only by the competent Revenue authorities- Certificates issued by the religious dignitaries, even in the case of Christian students, can be only in addition to or supplementary to the certificate issued by Revenue authorities-It is only the Revenue authorities who are competent and authorized in law to issue community certificates.

SURENDRA MOHAN, J.

1. The question that arises for consideration in these cases is -

Whether the right of a minority community under Article 30(1) of the Constitution would entitle it to categorize its beneficiaries into different groups within the community itself, to reserve seats for admission to the institutions conducted by it on such basis and to admit students from such categories to the seats so reserved?

2. Before we grapple with the question of law, it is necessary to take note of some essential facts. W.P.(C) No. 22168 of 2018 is filed by a Charitable Trust which is conducting a minority educational institution, with the Manager thereof as the second petitioner. The petitioners are conducting a Medical College by name Karuna Medical College. For the purpose of admitting students to the MBBS course for the academic year 2018-2019, the third respondent, who is the Commissioner for Entrance Examinations had directed the petitioners by Ext.P1 to furnish the seat matrix showing the exact break up of seats in the institution including the seats earmarked as the minority quota. Accordingly, in the prescribed pro forma, the second petitioner furnished the seat matrix by Ext.P2. As per Ext. P2, out of the total intake of 100 seats, 12 seats are set apart for general candidates, 13 seats for the socially and educationally backward classes and 5 seats for SC and ST candidates. The remaining 70 seats were set apart for being filled up by allotting candidates from the minority community. Among the said seats, 15 seats were reserved for Palakkad District Muslims, 5 seats for All India Muslims, 7 seats for dependents of Safe Development Alms Trust, 10 seats for dependents of Palakkad District Salafi Educational Association, 3 seats for dependents of PMAC Committee, 3 seats for dependents of Al Nazar Trust, 3 seats for dependents of Grace Educational Trust, 3 seats for dependents of Prime Educational and Charitable Trust, 3 seats for dependents of Kerala Muslim Educational Association, 3 seats for dependents of Salsabeel Educational & Welfare Trust, 5 seats for NRI open merit quota and 10 seats for NRI Muslim community, thus making up the 70 seats earmarked for the minority community. Though a categorization of the seats as mentioned above was sought for, the same was not permitted as evident from Ext.P4 order passed by the Government. Pursuant to Ext. P4, Ext.P13 notification has been issued by the third respondent directing the candidates to produce certificates from Revenue Officials, to prove their community status. By Ext.P4, the number of seats set apart as minority seats is 50, to be filled up by candidates belonging to the Muslim community in general. The petitioners are aggrieved by the seat matrix that has not accepted their proposal in Ext.P2 to earmark seats for the various organizations mentioned in Ext.P2. A second objection raised is regarding the stipulation in Ext.P4 that, the community certificate which is one of the documents to be submitted by each of the candidates while seeking admission, is to be issued by Revenue Officials. It is contended that, in the past, it was sufficient for the candidates to have supported their applications with certificates issued by the religious functionaries of the Muslim community. The petitioners therefore seek the issue of appropriate directions to set right matters by quashing the stipulation in Ext.P4.

3. W.P.(C) No. 22962 of 2018 is filed by the Chairman and Managing Trustee of an Educational Agency conducting a Self Financing Medical College by name Travancore Medical College. According to the petitioners, the College was established in the year 2013. From the inception they had been setting apart some of the seats in their College to be filled up with candidates from specified categories of the Muslim community. During 2014-2015, the Prospectus itself permitted such reservation. The same procedure continued for the year 2015-2016, with the Admission Supervisory Commi