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2020 Supreme(Online)(KER) 10294
HIGH COURT OF KERALA
C.S. DIAS, J
THE CORPORATE MANAGER – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/17958/2020
SRI.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, SRI.V.VARGHESE, SRI.PETER JOSE CHRISTO, SRI.S.A.ANAND, SMT.K.N.REMYA, SMT.L.ANNAPOORNA, SHRI.VISHNU V.K.KUM.ABHIRAMI K. UDAY, SHRI.KURUVILLA SABU CHRISTY
The court upheld the rights of minority educational institutions to admit students under community quotas pending administrative certifications.
Headnote:
Minority - Education - Article 30(1) and Article 29 - The court allowed a minority institution to continue admissions under community quota despite delays in obtaining a minority status certificate.
Fact of the Case:
The petitioner, a corporate manager of minority-managed schools, sought directions for conducting admissions under a community quota after being denied access to a software for this process, despite having a minority status certificate.
Finding of the Court:
The court found that the petitioner already possessed a minority status certificate and had appropriately requested a new certificate. Therefore, it directed the respondents to open the admission link for community quota under certain conditions while pending certification.
Issues: Whether the petitioner can conduct admissions under the community quota without the new minority status certificate when a prior certificate exists and a request for a new one is pending.
Ratio Decidendi: The court emphasized the importance of protecting minority educational institutions under Articles 29 and 30, allowing for flexibility in admissions even when administrative processes were incomplete.
Final Decision: The court directed the respondents to open the admission link for the community quota for the petitioner's schools for the current academic year.
JUDGMENT
Dated this the 26th day of August 2020 The petitioner is a Corporate Manager of an educational agency having linguistic minority status and is entitled to the protection of Article 30 (1) read with Article 29 of the Constitution of India .
2. It is the case of the petitioner that, the petitioner has two aided Higher Secondary Schools established and managed by the minority community. 20% of the seats for plus one class for the year 2020-21 are earmarked for community quota. The High Schools of the petitioner, to which the Higher Secondary sections are also been attached, have been recognized by Government as minority institutions, as per Ext.P1. The respondents insists that the Higher Secondary Schools also have to obtain minority status certificate. The same was the stand adopted by the respondents during the last academic year which lead the petitioner to prefer W.P(C)No. 15258 of 2019. This Court by Ext.P7 judgment directed the respondents to allow the petitioner to open the link on Community Quota Rank List Generator Software and make admissions. As per Exts.P8 and P9, the petitioner has been advised to approach the respondents for the same. Although, the petitioner had preferred Ext.P10 application before the 1st respondent, no action has been taken. But in the meantime, the petitioner has been denied the admission to the community quota for the academic year 2020-21. Hence, the petitioner seeks a direction to the respondents to forthwith open the link on Community Quota Rank List Generator Software, so as to enable the petitioner's Schools to conduct the admission process against the community quota seats for the plus one admission for the year 2020-21.
3. Heard Sri.S.P.Aravindakshan Pillai the learned Counsel appearing for the petitioner, and Smt.Nisha Bose, learned Senior Government Pleader appearing for the respondents.
4. The learned Counsel for the petitioner submitted that the petitioner's Schools are already certified as minority institutions as per Ext.P1. In the last year also, the very same issue cropped up and this Court directed the respondents to permit the petitioner to conduct the admissions under the community quota as per Ext.P7 judgment. The petitioner has already preferred Ext.P10 request for the minority status certificate but the same has not been granted. Hence, the respondents may be directed to open the link on Community Quota Rank List Generator Software so as to enable the petitioner to admit students under the community quota.
5. The learned senior Government Pleader appearing for the respondents, on institutions, submitted that the Government by letter dated 30- 06-2020 has ordered that the last year's benefit would continue for this year also, i.e., those Higher Secondary Schools who already have Minority Status Certificate will be permitted to admit students under the 20% community quota this year also, provided, they filed an affidavit before the 1st respondent and that they should produce the Minority Status Certificate before the end of this academic year.
6. Considering the fact that the petitioner already has Ext.P1 Minority Status Certificate and that the petitioner has preferred Ext.P10 request seeking for a Minority Status Certificate for the Higher Secondary Section of the Schools, which is pending consideration before the 1st respondent, I direct the respondents 1 to 4 to open the link on Community Quota Rank List Generator Software, so as to enable the petitioner to conduct the admission process to the 20% community quota seats for the plus one admission 2020-21 in its Schools this year, on condition that the petitioner files an affidavit before the 1st respondent, as per letter dated 30-06-2020, undertaking that to produce the Minority Status Certificate as expeditiously as possible, at any rate, before the end of this academic year.
This writ petition is ordered accordingly.
Sd/-
C.S.DIAS JUDGE ska APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GO(RT) NO.1387/99/G
