Kerala High Court
The Manager vs The Manager on 22 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942
WA.No.781 OF 2020
AGAINST THE JUDGMENT DATED 16.3.2020 IN WP(C) 933/2019(N) OF HIGH
COURT OF KERALA
APPELLANT/6TH RESPONDENT:
THE MANAGER, VEKKALAM AIDED U. P. SCHOOL,
P. O. NEDUMPOIL, KANNUR - 670 650.
BY ADVS.
SRI.JOSE ABRAHAM(J-1406)
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 5 & 7:
1 SHAJI M. MATHEW
ASSISTANT TEACHER, VEKKALAM AIDED U. P. SCHOOL, P. O.
NEDUMPOIL, KANNUR - 670 650.
2 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
3 DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM - 695 001.
4 DEPUTY DIRECTOR OF EDUCATION
KANNUR - 670001.
5 DISTRICT EDUCATIONAL OFFICER
CIVIL STATION, THALASSERRY, KANNUR - 670101.
6 ASSISTANT EDUCATIONAL OFFICER
IRITTY, KANNUR - 670001.
W.A.No.781/2020
2
7 NATIONAL COMMISSION FOR MINORITY EDUCATIONAL
INSTITUTIONS, REPRESENTED BY SECRETARY, NATIONAL
COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS,
NEW DELHI - 110 001.
R1 BY ADV. SRI.T.G.RAJENDRAN
R2-6 BY SRI. A. J. VARGHESE-SR. G.P.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.781/2020
3
JUDGMENT
Dated this the 22nd day of January 2021
Shaffique, J
This writ appeal has been filed challenging the judgment dated
16.3.2020 in W.P.(C).No.933/2019. The writ petition was filed by one
Shaji M Mathew challenging the minority status given to Vekkalam
Aided U.P. School represented by its Manager. The issue came to light
when another person junior to the petitioner was appointed as
Headmaster invoking the minority status of the school
2. Learned Single Judge after detailed consideration of the
factual aspects involved in the matter set aside Ext.P6, which was the
certificate issued by the National Commission for Minority Educational
Institutions and remitted back the matter to the Commission for fresh
consideration and disposal in accordance with law. Certain directions
had also been issued with reference to the appointment of the
Headmaster.
3. Learned counsel appearing for the appellant would submit
that if at all the Court had any doubt regarding the veracity of Ext.P6
W.A.No.781/2020
certificate, the same ought to have been relegated back to the
Commission rather than setting aside the same. The learned Single
Judge had come to a finding that reference to Ext.P16 sale deed itself
would show that the school had been established by a person who
does not belong to a minority community and it was purchased by a
person belonging to a minority community. Therefore, the learned
Single Judge came to a conclusion that the school cannot have a
minority status.
4. Apparently, this view had been upheld by this Court on
different occasions. However, when the Manager of the School
submitted that certain additional documents were required to be
considered and evidence is to be adduced in the matter, the learned
Single Judge remitted the matter back to the Commission for fresh
consideration. Having regard to the factual aspects involved in the
matter, we don't think that we will be justified in interfering with the
judgment of the learned Single Judge as the learned Single Judge had
prima facie decided the case based on the correct exposition of law. If
at all there is any factual difference and certain other matters to be
considered by the Commission, it is always open for the petitioner to
bring it to the notice of the Commission while the matter is heard. The
W.A.No.781/2020
Commission shall then dispose of the matter in accordance with law.
With the above observation this writ appeal is dismissed.
Sd/-
A.M.SHAFFIQUE
JUDGE
Sd/-
GOPINATH P.
kp True copy JUDGE
P.A. To Judge
