RAJA VIJAYARAGHAVAN V.
Manager (K. Suresh Kumar) Easwara Vilasom Higher Secondary School, Neduvathoor, Neeleswaram P. O. , Kottarakara, Kollam District - 691505 – Appellant
Versus
State of Kerala Represented By Its Secretary to Government, General Education Department, Secretariat Annex-II, Thiruvananthapuram - 695001 – Respondent
JUDGMENT :
1. These writ petitions are filed by Managers of Aided Schools challenging the Government Order vide No. G.O.(M.S.) No.121/2022/G.Edn. dated 7.7.2022 and the prospectus issued by the Government for admission to Plus One course (Higher Secondary) for the academic year 2022-2023 insofar as it concerns Private Aided Schools. As per the above Government Order, the Government has ordered that in all Private Aided and Private Aided/ Minority/Backward Community Higher Secondary Schools in the State, the Management Quota seats shall henceforth be 20%, with a rider that if the Management declares the community to which the management profess allegiance, 10% of seats can be allotted to the students of that community, albeit on merit basis. If no community is declared by the Management, then the 10% seats shall be converted as merit seats and the same shall be filled up through the Central Allotment Process.
2. In order to appreciate the controversy, the pleadings of the parties are summarized as under:
2.1 Before proceeding further, it needs to be stated at the outset itself, that in these cases, we are concerned only with the share earmarked towards Management Quota in Private Ai
MGB Gramin Bank v Chakrawarti Singh [(2014) 13 SCC 583]
A. Sanjeevi Naidu v. State of Madras [AIR 1970 SC 1102]
State of Kerala and Others v. Manager, ST.Roch’s High School
State of Haryana and Others v. Rai Chand Jain and Others [(1997) 5 SCC 167]
State of Gujarat v. M.P. Shah Charitable Trust (1994) 3 S.C.C. 552
Thapar Institute of Engineering and Technology v. State of Punjab
Sitaram Sugar Co. Ltd. v. Union of India [(1990) 3 SCC 223]
Khoday Distilleries Ltd. v. State of Karnataka [(1996) 10 SCC 304]
BALCO Employees' Union v. Union of India [(2002) 2 SCC 333]
State of Orissa v. Gopinath Dash [(2005) 13 SCC 495]
Akhil Bharat Goseva Sangh (3) v. State of A.P. [(2006) 4 SCC 162)]
MGB Gramin Bank v. Chakrawarti Singh, [(2014) 13 SCC 583]
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