Kerala High Court
Kristhujyothi Internatinal ... vs State Of Kerala on 17 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942
WP(C).No.4102 OF 2021(K)
PETITIONER:
KRISTHUJYOTHI INTERNATINAL SCHOOL
KOTHAMANGALAM, AMBALAPARAMBU,
PARAI KAVALA-NADUKANI RD, KOVENDAPADY,
ERNAKULAM-686 691, THROUGH ITS MANAGER,
FR. PAULSON C.JAMES CHOORATHOTTIYIL
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
NISHA BOSE, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.4102 OF 2021
2
JUDGMENT
Dated this the 17th day of February 2021
This writ petition is filed seeking the following relief :-
"(i) 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
"Kristhujyothi International School" based on Exhibit P3
Application dated 2-11-2020 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
WP(C).No.4102 OF 2021
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 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 1 st
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
NP
WP(C).No.4102 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 P1A 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 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 22.10.2020
EXHIBIT P3 TRUE COPY OF APPLICATION DATED 2.1.2020
FORWARDED BY THE PETITIONER TO THE FIRST
RESPONDENT FOR INSURANCE OF THE MINORITY
STATUS CERTIFICATE UNDER SECTION 12 (B)
OF THE NCMEI, ACT 20014
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP NO.2352
OF 2021 DATED 5TH DAY OF FEBRUARY 2021
RESPONDENT'S/S EXHIBITS: NIL
