Corporate Management Of Schools vs State Of Kerala
2021 Latest Caselaw 4110 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                       WP(C).No.1757 OF 2021(T)


PETITIONER:

               CORPORATE MANAGEMENT OF SCHOOLS
               RANNI, ST.THOMAS VALIYAPALLY EDAVAKA, RANNI-689672,
               THROUGH ITS CORPORATE MANAGER, ZACHARIA STEPHEN.

               BY ADVS.
               SRI.JOSE ABRAHAM(J-1406)
               SRI.E.ADITHYAN

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY,
               GENERAL EDUCATION DEPARTMENT,
               THIRUVANANTHAPURAM-695001.

      2        DIRECTOR,
               DIRECTORATE OF MINORITY WELFARE,
               GOVT. OF INDIA, 4TH FLOOR, VIKAS BHAVAN,
               THIRUVANANTHAPURAM DISTRICT, KERALA-695033.

               SR GP, SMT.NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1757 OF 2021

                                       2




                               JUDGMENT

Dated this the 4th day of February 2021

This writ petition is filed seeking the following reliefs :-

"i) Issue a writ of certiorari quashing Exhibit-P5 order passed by the first Respondent dated 9-11-2020;

ii) To issue a Writ of Mandamus or any other appropriate writ, order or direction or command to the First Respondent to consider and pass appropriate orders on Exhibit P6 Representation dated 12-12-2020 within a Reasonable period."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that the

petitioner has made an application for conferment of minority status

on the educational institution administered by the petitioner. By

Ext.P3, the NOC has been issued by the competent authority. Along

with the NOC, the petitioner submitted the application before the

Government for the minority status certificate. However, the said

request was returned by Ext.P5 requiring the petitioner to go before

the competent authority again. The learned counsel for the petitioner

submits that the Government is the competent authority for awarding WP(C).No.1757 OF 2021

the minority status certificate and that the returning by Ext.P5 was

therefore completely vitiated by want of application of mind. Pointing

out these aspects, the petitioner has again preferred Ext.P6

representation before the Government and seeks a consideration of

the same, taking note of the specific provisions of the NCMEI Act, 2004.

4. The learned Government Pleader, on instructions, submits that

it is for the 1st respondent to take an appropriate decision on Exts.P4

and P6 requests made by the petitioner and that some time is required

for consideration of the application. It is further submitted that a

software is being put in place for consideration of such applications

and an online application may have to be submitted by the petitioner

after the software is installed.

5. Having considered the contentions advanced, I am of the opinion

that since Exts.P4 and P6 are statutory requests made by the

petitioner, the respondents cannot delay the consideration of the same

on the ground that a software is being installed and thereafter, online

applications will have to be made. I am of the opinion that Exts.P4 and

P6 requests are liable to be considered by the 1 st respondent and

appropriate orders are liable to the passed thereon, taking note of WP(C).No.1757 OF 2021

Ext.P3 as well.

6. In the above view of the matter, there will be a direction to the

1st respondent to take up Exts.P4 and P6 requests made by the

petitioner and to pass orders thereon, taking note of Ext.P3 NOC

within a period of three months from the date of receipt of a copy of

this judgment. The petitioner shall produce a copy of the judgment

along with a copy of this writ petition before the 1 st respondent for

compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.1757 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 09.01.2020 ISSUED BY THE GENERAL ADMINISTRATION DEPARTMENT, GOVT. OF KERALA.

EXHIBIT P1(A) TRUE COPY OF THE TYPED COPY OF THE ORDER DATED 09.01.2020 ISSUED BY THE GENERAL ADMINISTRATION DEPARTMENT, GOVT. OF KERALA.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN W.P.

(C)NO.17135/2020 DATED 19TH DAY OF AUGUST 2020.

EXHIBIT P3 TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED TO THE PETITIONER INSTITUTION BY THE DIRECTOR, DIRECTORATE MINORITY WELFARE (THE SECOND RESPONDENT HEREIN) UNDER SECTION 10 OF THE NCMEI ACT, 2004 DATED 12.10.2020.

EXHIBIT P4 TRUE COPY OF APPLICATION DATED 19.10.2020 FORWARDED BY THE PETITIONER TO THE FIRST RESPONDENT FOR ISSUANCE OF THE MINORITY STATUS CERTIFICATE UNDER SECTION 12(B) OF THE NCMEI, ACT, 2004.

EXHIBIT P5 TRUE COPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT DATED 09.11.2020.

EXHIBIT P6 TRUE COPY OF THE DETAIL REPRESENTATION DATED 12.12.2020 FORWARDED TO THE FIRST RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL