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2012 Supreme(Online)(KER) 39373
HIGH COURT OF KERALA
P.R.RAMACHANDRA MENON, J
THE MANAGER, THARBIYATH TRUST VOCATIONAL – Appellant
Versus
THE STATE OF KERALA – Respondent
WRIT PETITION (CIVIL) 30359/2012
The court emphasized the right to timely consideration of petitions for minority status under constitutional provisions, ensuring equal treatment in similar circumstances.
Headnote:
Minority - Constitution - Article 30(1) - The court ruled that the petitioner is entitled to minority status, emphasizing the necessity for timely consideration of similar petitions by authorities, and reaffirmed the need for adherence to constitutional protections for minority rights.
Fact of the Case:
The petitioner claims minority status under Article 30(1) of the Constitution, arguing for similar treatment as granted to others in prior orders (Ext.P8 to P11) based on preceding judgments.
Issues: Whether the petitioner is entitled to minority status and timely consideration of their application under Article 30(1) of the Constitution.
Ratio Decidendi: The court established that similar cases warrant equal treatment and the importance of procedural promptness in considering applications related to minority status.
Final Decision: The writ petition is disposed of, directing timely consideration of the minority status application.
JUDGMENT
The petitioner is claiming minority status under Article 30 (1) of the Constitution of India.
2. Learned Counsel for the petitioner submits that, similar circumstances as projected by the petitioner in this writ petition have already been considered by the Government leading to Ext.P8 to P11 orders, conferring minority status to the concerned parties and that the petitioner is also entitled to have similar treatment; more so, in view of the law declared by this Court in Evas U.P School v. State of Kerala (2001 (1) KLT 849). It is also stated that, the petitioner has approached the respondent by filing Ext.P7, which is pending consideration and that the only relief sought for is to cause the same to be considered and disposed of within a reasonable time.
3. Heard the learned Government Pleader as well.
4. Considering the facts and circumstances, the respondent is directed to consider Ext.P7 and pass appropriate orders in accordance with law after giving an opportunity of hearing to the petitioner at the earliest, at any rate, within 'four months' from the date of receipt of copy of this judgment. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the respondent for further steps.
Writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
Kp/-
