Syed Abdul Rahiman Bafakhi ... vs State Of Kerala
2021 Latest Caselaw 16658 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                          WP(C) NO. 15794 OF 2021
PETITIONER :-

           SYED ABDUL RAHIMAN BAFAKHI THANGAL MEMORIAL H.S.S
           THAYINERI, P.O, PAYYANNUR, KANNUR DISTRICT,
           KERALA - 670 307, TROUGH ITS MANAGER, ABDULLA.M.T.P.

           BY ADVS.
           JOSE ABRAHAM
           E.ADITHYAN


RESPONDENTS :-

     1     STATE OF KERALA
           REPRESENTED BY SECRETARY,
           GENERAL EDUCATION DEPARTMENT,
           THIRUVANANTHAPURAM - 695 001.

     2     DIRECTOR OF GENERAL EDUCATION
           JAGATHY, THIRUVANANTHAPURAM - 695 014.

     3     THE SECRETARY
           DIRECTORATE OF HIGHER SECONDARY EDUCATION,
           HOUSING BOARD BUILDING, SANTHI NAGAR,
           THIRUVANANTHAPURAM, PIN - 695 001.

     4     REGIONAL DEPUTY DIRECTOR
           HIGHER SECONDARY EDUCATION, PAYYAMBALAM,
           KANNUR, KERALA - 670 003.

     5     DIRECTOR
           DIRECTORATE OF MINORITY WELFARE,
           GOVERNMENT OF KERALA, 4TH FLOOR, VIKAS BHAVAN,
           THIRUVANANTHAPURAM DISTRICT, KERALA - 695 033.

           SMT. PARVATHY KOTTOL, G.P.

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION      ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15794 OF 2021

                                   -: 2 :-

                                 JUDGMENT

Dated this the 11th day of August, 2021

This writ petition is filed seeking the following reliefs:-

"i. To issue a Writ of Mandamus or any other appropriate writ, order or direction declaring that the petitioner school namely "Syed Abdul Rahiman Bafakhi Thangal Memorial Higher Secondary School", is a minority educational institution covered under Article 30(1) of the Constitution of India.

ii. To issue a Writ of Mandamus or any other appropriate writ, order or direction declaring that no further minority status certificate can be insisted from a school which was already granted with a minority certificate upon its mere upgradation."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted that the petitioner has secured Ext.P1

certificate from the National Commission for Minority Educational

Institutions specifically stating that the Syed Abdul Rahiman

Bafakhi Thangal Memorial High School (Aided), Thayineri P.O.,

Payyannur, Kannur District is a minority educational institution. It

is submitted that the school was subsequently upgraded as a

Higher Secondary School. However, on the ground that a fresh WP(C) NO. 15794 OF 2021

minority status certificate has to be secured in respect of the

Higher Secondary School, the benefits of minority status has not

been made available to the petitioner school. Relying on Ext.P2

and similar judgments of this Court, it is contended by the learned

counsel for the petitioner that once the minority status of the

institution is declared by the competent authority, an upgradation

of the school as a Higher Secondary School will not entail any

difference in such status and that as such, a further certification is

not required. It is, therefore, contended that the petitioner Higher

Secondary School is entitled and eligible for minority status in view

of Ext.P1 certificate and the same is liable to be extended to the

school as well in the matter of making admissions to the higher

secondary courses and for all other purposes.

4. The learned Government Pleader would submit that the

competent authority to issue minority status certificate has to

consider the question of grant of minority status to the higher

secondary school as well. It is further submitted that there is a

unified procedure for the certification of minority institutions and

that the petitioner should await the issuance of a certificate for the

school.

WP(C) NO. 15794 OF 2021

5. Having considered the contentions advanced on either

side, I find that the petitioner high school had been granted a

minority certificate by Ext.P1 (serial No.1). In the above view of

the matter and in view of the findings in Ext.P2 and similar

judgments of this Court, I am of the opinion that the question with

regard to minority status on upgradation stands covered in favour

of the petitioner.

There will, accordingly, be a direction to the respondents

to treat the Syed Abdul Rahiman Bafakhi Thangal Memorial Higher

Secondary School as a minority educational institution and to

afford all benefits of such declaration to the school including in the

matter of making admissions.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/18.8.2021 WP(C) NO. 15794 OF 2021

APPENDIX OF WP(C) 15794/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ORDER DATED 03.09.2015 ISSUED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS, GOVERNMENT OF INDIA IN THE NAME OF "SYED ABDUL RAHIMAN BAFAKHI THANGAL MEMORIAL HSS"

Exhibit P2 TRUE COPY OF THE JUDGMENT IN WP(C) NO .27999/2020.

Exhibit P3 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 8455 OF 2021.