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2018 Supreme(Ker) 832

K.SURENDRA MOHAN, SHIRCY V.
Safe Development ALMS Trust (SDA TRUST) – Appellant
Versus
State of Kerala Represented By Its Secretary, Health and Family Welfare Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.K.S.Hariharaputhran Smt.Bhanu Thilak Sri.Dipu James Sri.George Mathew Sri.M.D.Sasikumaran Sri.Sethuram Dharmapalan Sri.Sunil Kumar A.G Advs.
For the Respondent: Smt.M.A.Vaheeda Babu Smt.V.R.Lakshmi Sri.Avinash P Raveendran Sri.Babu Karukapadath Sri.K.M.Faisal (Kalamassery) Sri.P.U.Vinod Kumar

JUDGMENT :

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 E



































































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