The St.Vincent De Paul English ... vs State Of Kerala
2021 Latest Caselaw 4316 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                   WP(C).No.2352 OF 2021(T)


PETITIONER :-

            THE ST.VINCENT DE PAUL ENGLISH MEDIUM SCHOOL
            ST.VINCENT CONVENT ROAD, PALARIVATTOM,
            ERNAKULAM - 682 025,
            THROUGH ITS PRINCIPAL SISTER SHIRLY.

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


RESPONDENTS :-

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

      2     DIRECTOR,
            DIRECTORATE OF MINORITY WELFARE,
            GOVT.OF KERALA, 4TH FLOOR, VIKAS BHAVAN,
            THIRUVANANTHAPURAM DT., KERALA - 695 033.

            BY SMT.NISHA BOSE, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.2352 OF 2021(T)

                                   -: 2 :-


                              JUDGMENT

Dated this the 5th day of February, 2021

This writ petition is filed seeking the following relief :-

"To issue a Writ of Mandamus or any other appropriate writ, order or direction or command to the First Respondent to issue Minority Status Certificate in the name of "St.Vincent De Paul English Medium School" based on Exhibit P3 Application 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.P2, the NOC has been issued by the competent authority.

Along with the NOC, the petitioner submitted Ext.P3 application

before the Government for the minority status certificate.

4. The learned Government Pleader, on instructions, submits

that it is for the 1st respondent to take an appropriate decision on

Ext.P3 request 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.

WP(C).No.2352 OF 2021(T)

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

opinion that since Ext.P3 is a statutory request 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 application will have to be made. I am of the opinion that

Ext.P3 request is liable to be considered by the 1 st respondent and

appropriate orders are liable to the passed thereon, taking note of

Ext.P2 as well.

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

the 1st respondent to take up Ext.P3 request made by the petitioner

and to pass orders thereon, taking note of Ext.P2 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 this judgment along with a copy

of this writ petition before the 1st respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/10.2.2021 WP(C).No.2352 OF 2021(T)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 09/01/2020 ISSUED BY THE GENERAL ADMINISTRATION DEPARTMENT,GOVT.OF KERALA.

EXHIBIT P2 TREU COPY OF THE 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 7.12.2020.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 22.12.2020 FORWARDED BY THE PETITIONER TO THE FIRST RESPONDENT FOR ISSUANCE OF THE MINORITY STATUS CERTIFICATE UNDER SECTION 12(B)OF THE NCMEI,ACT,2004.