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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, SHOBA ANNAMMA EAPEN, JJ.
The Manager, Sree Vivekananda Higher Secondary School – Appellant
Versus
The State Of Kerala – Respondent
WA No.1027 of 2022 [Arising out of the impugned (A/O) judgment in WP(C) No.22515/2022], WA No.1153 of 2022 (A/o WP(C) No.22515/2022) WA No.971/2022 (A/o WP(C) No.22886/2022) WA No.972/2022 (A/o WP(C) No.22998/2022) WA No.1114/2022 (A/o WP(C) No.23398/2022) WA No.974/2022 (A/o WP(C) No.23168/2022) WA No.976/2022 (A/o WP(C) No.22998/2022) WA No.977/2022 (A/o WP(C) No.23020/2022) WA No.979/2022 (A/o WP(C) No.23020/2022) WA No.980/2022 (A/o WP(C) No. 23213/2022) WA No.981/2022 (A/o WP(C) No. 22985/2022) WA No.982/2022 (A/o WP(C) No. 23043/2022) WA No.984/2022 (A/o WP(C) No. 23024/2022) WA No.985/2022 (A/o WP(C) No. 23033/2022) WA No.986/2022 (A/o WP(C) No. 23208/2022) WA No.987/2022 (A/o WP(C) No. 23045/2022) WA No.989/2022 (A/o WP(C) No. 23035/2022) WA No.990/2022 (A/o WP(C) No. 23144/2022) WA No.991/2022 (A/o WP(C) No. 23173/2022) WA No.992/2022 (A/o WP(C) No. 22947/2022) WA No.993/2022 (A/o WP(C) No. 23187/2022) WA No.994/2022 (A/o WP(C) No. 23048/2022) WA No.995/2022 (A/o WP(C) No. 22944/2022) WA No.997/2022 (A/o WP(C) No. 23141/2022) WA No.999/2022 (A/o WP(C) No. 23165/2022) WA No.1000/2022 (A/o WP(C) No. 22991/2022) WA No.1001/2022 (A/o WP(C) No. 23117/2022) WA No.1002/2022 (A/o WP(C) No. 23201/2022) WA No.1003/2022 (A/o WP(C) No. 23047/2022) WA No.1004/2022 (A/o WP(C) No. 23019/2022) WA No.1005/2022 (A/o WP(C) No. 23143/2022) WA No.1006/2022 (A/o WP(C) No. 23044/2022) WA No.1007/2022 (A/o WP(C) No. 22969/2022) WA No.1008/2022 (A/o WP(C) No. 23016/2022) WA No.1012/2022 (A/o WP(C) No. 22792/2022) WA No.1013/2022 (A/o WP(C) No. 24270/2022) WA No.1015/2022 (A/o WP(C) No. 23175/2022) WA No.1016/2022 (A/o WP(C) No. 22790/2022) WA No.1017/2022 (A/o WP(C) No. 24331/2022) WA No.1019/2022 (A/o WP(C) No. 23537/2022) WA No.1026/2022 (A/o WP(C) No. 23127/2022) WA No.1028/2022 (A/o WP(C) No. 23928/2022) WA No.1029/2022 (A/o WP(C) No. 23264/2022) WA No.1037/2022 (A/o WP(C) No. 23863/2022) WA No.1048/2022 (A/o WP(C) No. 23207/2022) WA No.1049/2022 (A/o WP(C) No. 23902/2022) WA No.1051/2022 (A/o WP(C) No. 23140/2022) WA No.1055/2022 (A/o WP(C) No. 23481/2022) WA No.1062/2022 (A/o WP(C) No. 23167/2022) WA No.1063/2022 (A/o WP(C) No. 23149/2022) WA No.1064/2022 (A/o WP(C) No. 23106/2022) WA No.1067/2022 (A/o WP(C) No. 23220/2022) WA No.1068/2022 (A/o WP(C) No. 23184/2022) WA No.1069/2022 (A/o WP(C) No. 23160/2022) WA No.1077/2022 (A/o WP(C) No. 24139/2022) WA No.1078/2022 (A/o WP(C) No. 23899/2022) WA No.1079/2022 (A/o WP(C) No. 23378/2022) WA No.1080/2022 (A/o WP(C) No. 23360/2022) WA No.1086/2022 (A/o WP(C) No. 23706/2022) WA No.1094/2022 (A/o WP(C) No. 23192/2022) WA No.1099/2022 (A/o WP(C) No. 23186/2022) WA No.1102/2022 (A/o WP(C) No. 23418/2022) WA No.1108/2022 (A/o WP(C) No. 23504/2022) WA No.1109/2022 (A/o WP(C) No. 23825/2022) WA No.1110/2022 (A/o WP(C) No. 23352/2022) WA No.1112/2022 (A/o WP(C) No. 23405/2022) WA No.1113/2022 (A/o WP(C) No. 24397/2022) WA No.1165/2022 (A/o WP(C) No. 22991/2022) WA No.1166/2022 (A/o WP(C) No. 23016/2022) WA No.1168/2022 (A/o WP(C) No. 22944/2022) WA No.1170/2022 (A/o WP(C) No. 22947/2022) WA No.1171/2022 (A/o WP(C) No. 22998/2022) WA No.1172/2022 (A/o WP(C) No. 22985/2022) WA No.1176/2022 (A/o WP(C) No. 22969/2022) WA No.1167/2022 (A/o WP(C) No. 22790/2022) WA No.1169/2022 (A/o WP(C) No. 22886/2022), WA No.1173/2022 (A/o WP(C) No. 22792/2022) WA No.1178/2022 (A/o WP(C) No. 23706/2022) WA No.1182/2022 (A/o WP(C) No. 23150/2022) WA No.1198/2022 (A/o WP(C) No. 23207/2022) WA No.1190/2022 (A/o WP(C) No. 23220/2022) WA No.1189/2022 (A/o WP(C) No. 23149/2022) WA No.1174/2022 (A/o WP(C) No. 23405/2022) WA No.1194/2022 (A/o WP(C) No. 23140/2022) WA No.1180/2022 (A/o WP(C) No. 23502/2022) WA No.1184/2022 (A/o WP(C) No. 23160/2022) WA No.1186/2022 (A/o WP(C) No. 23187/2022) WA No.1193/2022 (A/o WP(C) No. 23024/2022) WA No.1177/2022 (A/o WP(C) No. 23378/2022) WA No.1187/2022 (A/o WP(C) No. 23167/2022) WA No.1207/2022 (A/o WP(C) No. 23033/2022) WA No.1216/2022 (A/o WP(C) No. 23168/2022) WA No.1208/2022 (A/o WP(C) No. 23184/2022) WA No.1230/2022 (A/o WP(C) No. 23537/2022) WA No.1226/2022 (A/o WP(C) No. 23173/2022) WA No.1196/2022 (A/o WP(C) No. 23360/2022) WA No.1223/2022 (A/o WP(C) No. 23047/2022) WA No.1209/2022 (A/o WP(C) No. 23165/2022) WA No.1185/2022 (A/o WP(C) No. 23186/2022) WA No.1219/2022 (A/o WP(C) No. 24139/2022) WA No.1227/2022 (A/o WP(C) No. 23504/2022) WA No.1206/2022 (A/o WP(C) No. 23899/2022) WA No.1179/2022 (A/o WP(C) No. 23264/2022) WA No.1212/2022 (A/o WP(C) No. 23044/2022) WA No.1221/2022 (A/o WP(C) No. 23143/2022) WA No.1215/2022 (A/o WP(C) No. 24091/2022) WA No.1200/2022 (A/o WP(C) No. 23127/2022) WA No.1214/2022 (A/o WP(C) No. 24106/2022) WA No.1213/2022 (A/o WP(C) No. 23136/2022) WA No.1204/2022 (A/o WP(C) No. 23902/2022) WA No.1191/2022 (A/o WP(C) No. 23481/2022) WA No.1225/2022 (A/o WP(C) No. 23045/2022) WA No.1210/2022 (A/o WP(C) No. 23048/2022) WA No.1217/2022 (A/o WP(C) No. 24331/2022) WA No.1220/2022 (A/o WP(C) No. 23161/2022) WA No.1224/2022 (A/o WP(C) No. 23165/2022) WA No.1192/2022 (A/o WP(C) No. 23020/2022) WA No.1222/2022 (A/o WP(C) No. 23144/2022) WA No.1201/2022 (A/o WP(C) No. 23035/2022) WA No.1183/2022 (A/o WP(C) No. 23722/2022) WA No.1218/2022 (A/o WP(C) No. 23141/2022) WA No.1203/2022 (A/o WP(C) No. 23825/2022) WA No.1211/2022 (A/o WP(C) No. 23208/2022) WA No.1197/2022 (A/o WP(C) No. 23213/2022) WA No.1205/2022 (A/o WP(C) No. 24270/2022) WA No.1181/2022 (A/o WP(C) No. 24085/2022) WA No.1199/2022 (A/o WP(C) No. 23175/2022) WA No.1202/2022 (A/o WP(C) No. 23398/2022) WA No.1195/2022 (A/o WP(C) No. 23019/2022) WA No.1228/2022 (A/o WP(C) No. 23418/2022) WA No.1188/2022 (A/o WP(C) No. 23863/2022) WA No.1234/2022 (A/o WP(C) No. 24397/2022) WA No.1235/2022 (A/o WP(C) No. 23657/2022) WA No.1237/2022 (A/o WP(C) No. 23106/2022) WA No.1233/2022 (A/o WP(C) No. 23352/2022) WA No.1229/2022 (A/o WP(C) No. 23043/2022) WA No.1231/2022 (A/o WP(C) No. 23201/2022) WA No.1240/2022 (A/o WP(C) No. 23657/2022) WA No.1241/2022 (A/o WP(C) No. 23928/2022) WA No.1232/2022 (A/o WP(C) No. 23192/2022) WA No.1236/2022 (A/o WP(C) No. 23117/2022) WA No.966/2022 (A/o WP(C) No. 22515/2022)
Decided on : 22-08-2022
Constitution of India, 1950 – Article 166, 15(4), 30, 14, 15(1), 29(2) – Kerala Education Rules – Rule 11 of Chapter VI – Writ Appeal – Writ petitions have been filed by Managers of various aided Higher Secondary Schools, impugning Government Order, G.O.(MS), issued by competent authority of State Government in General Education Department and prospectus issued by Directorate concerned, with approval of Government for regulating admission to plus one course (Higher Secondary), for academic, to extent it concerns private aided Higher Secondary Schools – Held,It is for competent authority of State Government to ensure that a comprehensive Government Order be issued in matter free from unnecessary controversies, so that there is clarity about various sources and quotas of admissions well in advance and court hope that Government will do same well before or so, instead of waiting till the last minute, as has been done this year – Court have held that impugned decision of Government is not vitiated by illegality or unreasonableness in sense', Court are of firm view that after verdict given by learned Single Judge for previous academic year, as per Ext.P-3, rendered as early as Government and Directorate of General Education should have taken decision without any delay thereafter, atleast before end, instead of having waited till – Upshot of above discussion is that impugned judgment of learned Single Judge does not call for any major interdiction at hands of this appellate Court – Writ Appeals disposed of.
JUDGMENT :
ALEXANDER THOMAS, J.
The afore captioned Writ Appeals arise out of the impugned common judgment dated 27.07.2022, rendered by the learned Single Judge, disposing of WP(C) No.22515/2022 and a batch of connected writ petitions (Civil).
2. The afore writ petitions have been filed by the Managers of various aided Higher Secondary Schools, impugning the Government Order, G.O.(MS) No.121/2022/G.Edn. dated 07.07.2022, issued by the competent authority of the State Government in the General Education Department and the prospectus issued by the Directorate concerned, with the approval of the Government for regulating admission to plus one course (Higher Secondary), for the academic year, 2022-23, to the extent it concerns private aided Higher Secondary Schools. The hitherto norm of allotting 30% of the total seats in plus two courses in aided Higher Secondary Schools, run by Managements other than minorities and Socially and Educationally Backward Classes (SEBC)/Other Backward Classes (OBC Communities), upto last year has been altered by ordering that the said Management Quota will be only 20% of the total seats and 10% seats will be allotted to students of the community to which the management belongs, to be allotted strictly on the basis of inter se merit of such eligible students. Further, it was also ordered therein that if no community is declared by the Management for the above purpose, then the 10% community quota seats shall be converted as general merit seats and the same will be filled up through the Central Allotment Process (CAP). The learned Single Judge, after hearing both sides, has rendered the afore impugned common judgment in these Writ Petitions (Civil), finding that the main plea of the writ petitioner's management that the 10% community quota, set apart for managements other than minorities and backward classes, is not constitutionally valid. However, the second plea of the writ petitioners, that the 10% community quota seats should be converted as management quota seats, have been repelled by the learned Single Judge and it has been held that this Court does not have the competence in judicial review to order that the said 10% community quota seats should be converted as management quota seats, but that the said seats will have to be converted as general merit/open merit quota seats, going by the specific stand in that regard of the State Government.
3. Various writ petitioner managements have filed the afore writ appeals, to the extent that they are aggrieved by the rejection of their second plea for conversion of 10% community quota seats as management quota seats and with the plea that those managements should be allowed to fill up the said 10% quota seats as management quota seats, apart from the regular 20% management quota seats already allotted to them and thus, they should be given the right to fill up 30% of the total seats as management quota seats, as was allowed from 2005 onwards. Whereas, the State and the Departmental authorities concerned have filed Writ Appeals, as above, challenging the finding of the learned Single Judge, regarding the invalidity of setting apart of the 10% community quota seats to managements other than minorities and backward classes, contending that the differentiation of classification for the said 10% quota seats is not merely on the basis of community, based on religion, caste etc, but also on the fact that the community concerned would have endeavored to establish those schools and that therefore, it is in recognition of that aspect that the said 10% quota seats have now been set up with a rider that community quota seats should be filled up by the respective managements, strictly on the basis of merit of the eligible applicants.
4. We have heard both sides in extenso and have gone through the pleadings and materials on record.
5. As the State/Departmental authorities have filed their statement dated 21.07.2022 in Writ Petition (Civil), WP(C) No.22515/2022, and has ad
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