Kerala High Court
K.Ibrahim vs State Of Kerala on 12 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
WP(C) NO. 5312 OF 2021
PETITIONER:
K.IBRAHIM
AGED 69 YEARS
KMHSS, KOTTOOR, KOTTAKKAL,
MALAPPURAM 676 503.
BY ADVS.
AUGUSTINE JOSEPH
SRI.K.S.ROCKEY
SRI.TONY AUGUSTINE
SRI.GEORGE RENOY
RESPONDENTS:
1 STATE OF KERALA
REP.BY ITS SECRETARY,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION
HIGHER SECONDARY, HOUSING BOARD BUILDINGS,
SANTHI NAGAR, THIRUVANANTHAPURAM 695 001.
3 THE REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION, MALAPPURAM 676 505
OTHER PRESENT:
SMT.SURYA BINOY,GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.5312/2021
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.5312 of 2021
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Dated this the 12th day of June, 2023
JUDGMENT
This writ petition is filed with following prayers:
i. declare that no further Minority Status Certificate
other than Ext.P2 is necessary for the Higher
Secondary School of the petitioner.
ii. Call for the records relating to Ext.P6 and issue a
writ of certiorari to quash Ext.P6 only to the
extent the petitioner is concerned.
iii. Issue a writ of mandamus or any other writ, order
or direction to the respondents to permit, allow
the petitioner school to admit students under the
20% seats earmarked for the students belong to
the minority community of the management.
iv. Issue such other writs, orders, direction including
interim orders deem fit in the circumstances of
the case.
v. allow this writ petition with costs.
(SIC)
WP(C).No.5312/2021
2. When this writ petition came up for consideration
on 25.03.2021, this Court passed the following order:
"Admit.
The learned Government Pleader takes notice for the
respondents and seeks time to place a counter affidavit
on record.
There will be an interim direction to the respondents to
permit the petitioner to admit students under the 20%
seats earmarked for the minority community,
provisionally and subject to further orders in the writ
petition."
3. Thereafter the matter again came up for
consideration on 21.06.2022. On that day, this Court passed
the following order:
"The learned Government Pleader seeks further
adjournment to file a counter affidavit.
I find that by interim order dated 25.03.2021, this
Court had directed the respondents to permit the
petitioner to admit students under the 20% seats
earmarked for the minority community, provisionally
and subject to further orders in the writ petition.
The learned counsel appearing for the petitioner
seeks for issuance of order for the current academic
WP(C).No.5312/2021
year.
In that view of the matter, there will be an
interim direction to the respondents to permit the
petitioner to admit students under the 20% seats
earmarked for the minority community, provisionally
and subject to further orders in the writ petition."
4. Today, the Government Pleader submitted that the
grievance of the petitioner is redressed. A communication
from the Government to the Advocate General is handed over
to the Court. The same is extracted hereunder:
"I am to invite your attention to the reference cited and to
inform that WP(C) No.5312/2021 is filed by the Manager,
AMHSS, Kottoor, Malappuram. The school was established in
1979 as upper primary under the individual managership of
the petitioner who belongs to Muslim Minority community. As
per G.O.(Rt.) No.1502/2001/G.Edn date 09.04.2001 (Ext.P2)
'Minority Status' was granted to this school. Though the
school was started as an upper primary, later upgraded as
High School in 2003 and further granted Higher Secondary
Section in 2012, Upper Primary, High School and Higher
Secondary sections are functioning in one compound and
under the same individual Management. Since the primary
section of the petitioner School has been granted Minority
status vide G.O.(Rt.)No.1502/2001/G.Edn dated 09.04.2001
and hence the upgraded school also have minority status
WP(C).No.5312/2021
since it is functioning under the same management. Hence
AMHSS, Kottoor has minority rights and no further
declaration is necessary in the case of upgraded schools.
Necessary instruction has been given to the DGE in the
matter.
In the above circumstances, I am to inform the above
position before the Hon'ble Court when the case will come up
for hearing."
In the light of the same, nothing survives in this case.
The petitioner can admit students under the 20% seats
earmarked for the minority community.
Recording the above, this writ petition is closed.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
WP(C).No.5312/2021
APPENDIX OF WP(C) 5312/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER,
G.O.(MS) NO.88/79/G.EDN DATED 2.6.1979
EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER,
G.O.(RT) NO.1502/2001/G.EDN. DATED
9.4.2001.
EXHIBIT P3 TRUE COPY OF THE ORDER, G.O.(MS)
NO.152/03/G.EDN. DATED 9.6.2003.
EXHIBIT P4 TRUE COPY OF THE ORDER G.O.(MS)
NO.64/12/G.EDN DATED 27.2.2012.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED
11.10.2017 FROM THE DEPUTY DIRECTOR OF
EDUCATION, MALAPPURAM.
EXHIBIT P6 TRUE COPY OF THE GOVERNMENT ORDER,
G.O.(MS) NO.1921/2019/G.EDN. DATED
27.5.2019
EXHIBIT P7 TRUE COPY OF THE GOVERNMENT ORDER G.O.
(MS) NO.2120/2019/G.EDN. DATED
3.6.2019.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED
14.8.2020 IN WP(C) NO.20099/2019
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED
19.2.2020 IN WA NO.2533/2019
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED
13.11.2020 IN WP(C) NO.8563/2020
