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 Aided Higher Secondary Schools (“PAHS” for the sake of brevity). PAHS can be further subclassified into 3 categories based on the management that operates the School. These Schools are (a) established and maintained by minority communities; (b) established and maintained by communities other than minority communities; and (c) established and maintained by individuals and agencies such as Societies, Trusts, etc. and not falling in category (a) or (b) above.

2.2. In Government, Private Aided, Private Aided/Minority/Backward Community Schools in the State, as per G.O.(M.S.) No.206/2005/G.Edn. dated 1.7.2005, the allotment of seats in various quotas was being carried out in the following manner till the academic year 2020-2021.

Government Private Aided Private Aided/Minority/

Backward Communities

Management

1 2 3

Open Merit 60% 50% 40%

Management Quota - 30% 40%

Other Backward Communities

1. Ezhava 8% -- --

2. Muslim 7% -- --

3. Latin/SIUC 1% -- --

4. Other Backward Christian Community 1% -- --

5. Other Backward Hindu

Community 3%

-- --

Scheduled Caste 12% 12% 12%

Scheduled Tribe 8% 8% 8%

2.3 As per the above criteria, the management of PAHS were required to fill up 50% of seats on open merit basis, 30% of seats towards the management quota, and the balance 20% was earmarked for Scheduled Caste and Scheduled Tribes.

2.4 During the academic year 2021-2022, the Government came out with a prospectus interfering with the 30% seats which were earmarked towards the management quota.

2.5 The clause in the prospectus which interfered with the quota earmarked to the management was the subject matter of challenge in numerous writ petitions. This Court, taking note of the fact that the clause in the prospectus is against the G.O.(M.S.) No.206/2005/G.Edn. dated 1.7.2005, stayed the objectionable clause. Directions were issued to the concerned respondent to permit the schools to admit students in the management quota without insisting that 10% of the seats shall be earmarked for being allotted to the same community. In terms of the directions issued by this Court, the admission process was completed, and accordingly, the writ petitions were disposed of by ordering that the observations and directions are confined to the relevant clauses in the prospectus for Single Window System for admission to Plus One course for the academic year 2021-2022. It was also made clear that the orders passed by this Court shall not stand as an impediment in coming out with a prospectus for the next academic year in tune with the policy of the Government.

2.6 For the academic year 2022-2023, the Government has come out with order dated 7.7.2022, which reads as follows:

2.7 The order discloses that based on recommendations of the Director of General Education, the Government has