Kerala High Court
Manager, Abraham Mar Thoma Memorial ... vs State Of Kerala on 20 February, 2025
W.P.(C) Nos.11839 & 19227 of 2021
and 1
38856 of 2022
2025:KER:18797
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 20TH DAY OF FEBRUARY 2025 / 1ST PHALGUNA, 1946
WP(C) NO. 11839 OF 2021
PETITIONER:
MANAGER,
ABRAHAM MAR THOMA MEMORIAL HIGHER SECONDARY SCHOOL
(AMMHSS),
EDAYARANMULA P.O., PATHANAMTHITTA DISTRICT-689532.
BY ADV V.PHILIP MATHEW
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY,
DEPARTMENT OF GENERAL EDUCATION,
KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 DIRECTOR OF GENERAL EDUCATION,
HIGHER SECONDARY WING, HOUSING BOARD BUILDING,
SANTHINAGAR, THIRUVANANTHAPURAM-695001.
3 DIRECTOR OF MINORITY WELFARE,
DIRECTORATE OF MINORITY WELFARE, FOURTH FLOOR,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.
4 REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION
CHENGANNUR, ALAPPUZHA DISTRICT-689121.
5 VARGHESE MATHEW THARAKAN,
AGED 49 YEARS
S/O. K.M.VARGHESE, HSST (ENGLISH),
AMMHSS EDAYARANMULA, EDAYARANMULA P.O.,
PATHANAMTHITTA DISTRICT-689532,
RESIDING AT THARAKAN HOUSE, ANGADICKAL SOUTH P.O.,
CHENGANNUR, ALAPPUZHA DISTRICT-689121.
W.P.(C) Nos.11839 & 19227 of 2021
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38856 of 2022
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6 LALI JOHN
PRINCIPAL IN CHARGE, AMMHSS EDAYARANMULA,
EDAYARANMULA P.O., PATHANAMTHITTA DISTRICT-689532.
(RESIDING AT MUTTONE HOUSE, EDAYARAMULA WEST P.O.,
PATHANAMTHITTA DISTRICT-689532)
BY ADVS.
V.A.MUHAMMED
ELVIN PETER P.J.
K.R.GANESH
GOURI BALAGOPAL
V.RAJASEKHARAN NAIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.02.2025, ALONG WITH WP(C).38856/2022 AND CONNECTED CASE,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.11839 & 19227 of 2021
and 3
38856 of 2022
2025:KER:18797
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 20TH DAY OF FEBRUARY 2025 / 1ST PHALGUNA, 1946
WP(C) NO. 19227 OF 2021
PETITIONER:
VARGHESE MATHEW THARAKAN, AGED 49 YEARS
SON OF K.M.VERGHESE, A M M HIGHER SECONDARY SCHOOL,
EDAYARANMULA P.O., EDAYARANMULA,
PATHANAMTHITTA DISTRICT - 689 532
(RESIDING AT THARAKAN HOUSE, ANGADICAL SOUTH,
P.O.CHENGANNUR, ALAPPUZHA DISTRICT - 689 122).
BY ADVS.
V.A.MUHAMMED
V.RAJASEKHARAN NAIR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-
II, THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION
(HIGHER SECONDARY WING), HOUSING BOARD BUILDINGS,
SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION
CHENGANNUR, ALAPPUZHA DISTRICT - 689 121.
4 THE MANAGER
A.M.M.HIGHER SECONDARY SCHOOL, EDAYARANMULA P.O.,
EDAYARANMULA, PATHANAMTHITTA DISTRICT - 689 532.
W.P.(C) Nos.11839 & 19227 of 2021
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5 LALI JOHN
PRINCIPAL (NOT APPROVED),
A.M.M.HIGHER SECONDARY SCHOOL, EDAYARANMULA,
P.O.EDAYARANMULA,
PATHANAMTHITTA DISTRICT - 689 532.
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
V.PHILIP MATHEW
ELVIN PETER P.J.
GIBI.C.GEORGE
E.RADHAKRISHNAN
AMAL PARTHASARADHY
JEPH JOSEPH
K.R.GANESH
SIDHARTH SUDHEER
GOURI BALAGOPAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.02.2025, ALONG WITH WP(C).38856/2022 AND CONNECTED CASE,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.11839 & 19227 of 2021
and 5
38856 of 2022
2025:KER:18797
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 20TH DAY OF FEBRUARY 2025 / 1ST PHALGUNA, 1946
WP(C) NO. 38856 OF 2022
PETITIONER:
MANAGER .A.M.M.H.S.S
ABRAHAM MARTHOMA MEMORIAL HIGHER SECONDARY SCHOOL
EDAYARANMULAP.O., PATHANAMTHITTA DISTRICT, PIN -
689532
BY ADV V.PHILIP MATHEWS
RESPONDENTS:
1 STATE OF KERALA,REPRESENTED BY SECRETARY,
DEPARTMENT OF GENERAL EDUCATION,
KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE PRINCIPAL SECRETARY
GENERAL EDUCATION DEPARTMENT
KERALA GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
3 DIRECTOR OF GENERAL EDUCATION
HIGHER SECONDARY WING, HOUSING BOARD BUILDING,
SANTHINAGAR, THIRUVANANTHAPURAM, PIN - 695001
4 DIRECTOR OF MINORITY WELFARE
DIRECTORATE OF MINORITY WELFARE FOURTH FLOOR
VIKASBHAVAN THIRUVANANTHAPURAM, PIN - 695033
5 REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION CHENGANNUR,
PIN - 689121
6 LALI JOHN
MUTTONE HOUSE EDAYARARMULA WEST P.O
PATHANAMTHITTA, PIN - 689532
W.P.(C) Nos.11839 & 19227 of 2021
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7 VARGHESE MATHEW THARAKAN
THARAKAN HOUSE ANGADICKAL SOUTH P.O
CHENGARMUR ALAPPUZHA DISTRICT, PIN - 689121
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
ELVIN PETER P.J.
V.A.MUHAMMED
V.RAJASEKHARAN NAIR
K.R.GANESH(K/000551/1991)
GOURI BALAGOPAL(K/002008/2019)
ABHIJITH.K.ANIRUDHAN(K/1644/2020)
SREELEKSHMI A.S.(K/1313/2021)
OTHER PRESENT:
GP- RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.02.2025, ALONG WITH WP(C).11839/2021 AND 19227/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.11839 & 19227 of 2021
and 7
38856 of 2022
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VIJU ABRAHAM, J.
.................................................................
W.P.(C) Nos.11839 & 19227 of 2021
and
38856 of 2022
.................................................................
Dated this the 20th day of February, 2025
JUDGMENT
W.P(C) No.11839 is filed by the Manager of the school
challenging Ext.P18 order whereby pending revision before the
Government, Ext.P10 order issued by the Director General of Public
Instruction wherein it was found that the school is entitled for protection
under Article 30(1) of the Constitution of India was stayed. Whereas
W.P.(C) No.19227 of 2021 is filed by the 5 th respondent in W.P.(C)
No.11839 of 2021, challenging Exts.P6 and P7 orders and also
seeking a direction to implement Ext.P9 order passed by the
Government wherein it is ordered that it is the duty of the management
to prove that the management belongs to minority community and
hence the management should obtain orders from the competent
authority to prove the minority status of the institution. Whereas W.P.
(C) No.38856 of 2022 is filed by the Manager of the school challenging
Exts.P14 and P16 whereby the Government insisted for no objection
certificate for considering Ext.P13 application for declaration of minority
W.P.(C) Nos.11839 & 19227 of 2021
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status of A.M.M.H.S.S., Edayaranmula. Petitioner has also sought for a
direction to quash Exts.P17 and P20 wherein a direction was issued to
the petitioner to entrust duties of Principal in-charge to the next senior
teacher. Since the issues involved in these writ petitions are similar, all
these writ petitions are heard and disposed of by a common judgment.
W.P.(C) No.38856 of 2022 will be treated as the leading case.
2. It is contended that A.M.M.H.S.S., Edayaranmula is
established and administered by a religious minority community, which
is owned by members of Laka St.Thom Marthoma Church,
Edayaranmula. The school is named in memory of the former head of
the Malankara Marthoma Church Most Rev. Dr.Abraham Mar Thoma
and was established in the year 1919 as a English middle school which
was upgraded as a high school in the year 1948 and higher secondary
courses commenced in the school from the year 1991. One Rev.Abey
T.Mammen who is the present vicar of Laka St.Thom Marthoma
Church, Edayaranmula is functioning as Manager of the school. No
aided institution is functioning under this educational agency other than
A.M.M.H.S.S., Edayaranmula and that the school enjoys the protection
of Article 30(1) of the Constitution of India and is a minority school as
per Section 2(5) of the Kerala Education Act, 1958. The appointments
to the post of Principal and Headmaster in the school were always
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made in accordance with Article 30 of the Constitution of India. On
retirement of Mrs.Karuna Saras Thomas, Mrs. Lali John, who is the 6 th
respondent in this writ petition, was appointed as the Principal in
exercise of the rights under Article 30(1) of the Constitution of India.
Respondents 6 and 7 and one Mrs.Mariamma George were appointed
as higher secondary school teachers on 01.08.1997 and the 6 th
respondent was senior and the single applicant and she is also a
member of Laka St.Thom Marthoma Church. The 6 th respondent will
retire on 31.03.2025 before the 7th respondent. The 7th respondent who
is the petitioner in W.P.(C) No.19227 of 2021 is due to retire on
31.03.2028 and he will also get a chance to work as Principal after the
retirement of the 6th respondent. It is further contended that the 7th
respondent had applied for leave without allowance for five years from
21.10.2003 to 20.10.2008 to take up employment abroad which was
allowed as per Government Order dated 29.10.2003. The 7th
respondent availed leave even before grant of leave on 29.10.2003.
The 1st respondent Government by order dated 05.06.2006 accorded
sanction to the 7th respondent to cancel unavailed portion of leave.
Though the 1st respondent condoned the action of the 7th respondent
availing leave before the date of sanction, it was held that the period
from 21.10.2003 to 28.10.2003 would be treated as non duty without
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forfeiture of past service and it is recorded in the service book of the 7 th
respondent that the period of 59 days from 21.10.2003 to 18.12.2003
will not be counted for any service benefits including pension. After a
few months of appointment of 6th respondent as Principal the 7th
respondent filed complaint before the 5th respondent claiming
appointment as Principal without submitting any application before the
petitioner. The 5th respondent without considering any of the
contentions of the petitioner and without considering the minority right
of the petitioner passed an order on 14.10.2020. Challenging the same
an appeal was preferred before the 3rd respondent. The 3rd respondent
by Ext.P3 order set aside the order of the 5 th respondent and directed
approval of Ext.P1 appointment of the 6th respondent if she is otherwise
eligible. It is also held in Ext.P3 that the A.M.M.H.S.S., Edayaranmula
is a minority institution. The 7th respondent filed revision petition
challenging Ext.P3 and a stay petition was also filed. In the revision
petition Ext.P4 interim order was passed staying the operation of
Ext.P3 since the question regarding minority status of the school could
be decided only after detailed examination of the arguments raised at
the time of hearing. Since the dispute regarding minority status of the
petitioner school was raised, petitioner was constrained to file Ext.P5
request before the 4th respondent, the Director of Minority Welfare to
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declare the educational institution as having minority status. As the
petitioner was aggrieved by Ext.P4 order of stay writ petition was filed
as W.P.(C) No.11839 of 2021. While the writ petition was pending
consideration the Government issued Ext.P9 order declaring that
A.M.M.H.S.S., Edayaranmula is a minority institution and the 1st
respondent is directed to take a final decision regarding Principal
appointment after getting records from the petitioner regarding minority
status. Thereupon the 4th respondent as per Ext.P10 informed the
petitioner that he has to file an application under Section 10 of the
National Commission for Minority Educational Institutions Act, 2004
(hereinafter referred to as "Act 2004"). Thereupon petitioner has
submitted Ext.P11 application for grant of no objection certificate.
Ext.P11 was delivered in the office of the 4 th respondent on 17.08.2021
and a hearing was scheduled on 18.11.2021. Later Ext.P12 notice was
issued intimating the petitioner that the hearing scheduled on
18.11.2021 is postponed and the next date will be informed. Thereafter
there is no communication from the 4th respondent. Petitioner contends
that Ext.P11 application by the petitioner for no objection certificate has
not been granted or the petitioner has not been informed about its
rejection within 90 days of receipt of application, it shall be deemed that
the competent authority has granted a no objection certificate as per
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Section 10(3) of the Act 2004. Though the petitioner contends that no
objection certificate was not in fact required for declaring the minority
status of an institution which is already in existence, going by the
deeming provision under Section 10(3) the no objection certificate
should be deemed to have been issued to the petitioner. Thereupon
petitioner submitted Ext.P13 application before the 2nd respondent
Government for minority status certificate. The 2nd respondent by
Ext.P14 communication informed that minority status certificate cannot
be granted to the petitioner without producing no objection certificate
from the 4th respondent. Petitioner submitted Ext.P15 petition before
the 2nd respondent to cancel Ext.P14 and for passing order declaring
that no objection certificate have been deemed to have been granted
and seeking other reliefs relying on the judgment of this Court in
St.Marys Higher Secondary School v. State of Kerala, 2021 (6) KLT
OnLine 1110. Later on by Ext.P16 communication petitioner was
informed that by the 2nd respondent Government that application for
grant of minority status cannot be considered without producing no
objection certificate from the 4th respondent. While so the 5th
respondent as per Ext.P17 letter directed the petitioner to give charge
of Principal to the next senior teacher as a person cannot continue as
Principal in-charge for more than nine months, to which Ext.P18 reply
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was given. Thereafter Ext.P19 request was also submitted by the
petitioner before the Government to withdraw Ext.P16 and to grant
minority status certificate to the petitioner. In the meanwhile the 5th
respondent compelled the petitioner to produce the minority status
certificate or to give charge of Principal to the next senior most teacher
as per Ext.P20. It is in the said circumstances the petitioner has
approached this Court.
3. The 7th respondent in W.P.(C) No.38856 of 2022 who has
filed W.P.(C) No.19227 of 2021, in answer to the contentions of the
petitioner in W.P.(C) No.38856 of 2022 would submit that he was the
senior most HSST qualified for appointment by promotion as Principal
in the vacancy which arose on 01.04.2020, but he was overlooked by
appointing the 6th respondent who is junior to him and is having service
only from 01.08.1997. The 7th respondent would contend that he had
continuous approved service from 01.11.1996 and he was reappointed
as HSST(Junior) English from 15.07.1997 in continuation of his
previous service from 01.11.1996 onwards. In Ext.P3 seniority list also
he is senior to the 6th respondent. Learned counsel for the 7th
respondent relying on the judgment of the Apex Court in Rabidra Nath
Bose and others v. Union of India and others, 1970 AIR SC 470
and the Full Bench judgment of this Court in Pavithran V.K.M. and
W.P.(C) Nos.11839 & 19227 of 2021
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another v. State of Kerala and others, 2009 (4) KHC 4 contends that
since the seniority has been settled long back, the 6th respondent
cannot claim seniority over him based on the principle of 'sit back
theory' and that the settled seniority cannot be unsettled after a length
of time. The contention of the 7 th respondent that the management
cannot appoint juniors to 7th respondent exercising their right under the
minority status in as much as the school is not a minority institution
even as per the website of the school wherein the school is shown as
"aided general" and not as a minority school. The school has availed
the benefit of 30% management quota applicable to aided general
schools instead of 20% management quota and 20% management
quota. Learned counsel for the 7th respondent would submit that in a
suit filed as O.P.No.4 of 2015 before the Sub Court, Pathanamthitta the
stand of the petitioner in W.P.(C) No.38856 of 2022 is that the school is
to be treated as a secular school and not a religious or charitable
school and that in Ext.P12 order passed by the Sub Court there is a
finding that the school does not belong to a church and according to
the 7th respondent the school administration is run by certain members
of the church. Learned counsel appearing for the 7 th respondent relying
on Ext.P13 bye-law also would submit that the school was not
established for the upliftment of educational needs of a particular
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community and the church has no ownership over the school as per
the bye-law. Learned counsel would further submit that 7th respondent
also belongs to Marthoma Community and therefore, the appointment
of the 6th respondent overlooking the seniority of the 7th respondent is
absolutely without any basis and the school is not entitled for the
minority status also.
4. I have heard the contentions of both sides.
5. In Ext.P9 (produced in W.P.(C) No.38856 of 2022) order
passed by the Government there is a finding to the effect that the
school is established and run by the minority community. But, since
some disputes were raised regarding the status of the school the
management was directed to produce the document to substantiate
that the school is a minority institution. By Ext.P10 order the petitioner
was directed to apply for no objection certificate as provided under
Section 10 of the Act 2004. Thereupon petitioner made necessary
application in that regard as evident from Ext.P11. While so Ext.P15
request was made before the 2nd respondent, the Secretary to
Government, for issuance of a certificate declaring the minority status
of the petitioner treating that the petitioner has obtained a deemed no
objection certificate since Ext.P13 application for issuance of no
objection certificate was not considered within the time limit stipulated.
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By Ext.P16 the Government again informed the petitioner that the
petitioner has to produce no objection certificate from the 4 th
respondent, the Director of Minority Welfare.
6. The first question to be considered is as to whether the
petitioner is bound to produce a no objection certificate from the 4th
respondent for getting a certificate of declaration as a minority
institution from the 2nd respondent.
7. The National Commission for Minority Educational Institutions
Act, 2004 has been enacted to safeguard the educational rights of the
minorities enshrined under Article 30(1) of the Constitution of India.
Section 10 of the Act 2004 deals with right to establish a minority
educational institution and the said Section mandates that any person
who desires to establish a minority educational institution may apply to
the competent authority for the grant of no objection certificate for the
said purpose. It is further mandated in Section 10(3) that where an
application submitted for issuance of no objection certificate within 90
days from the date of application the competent authority does not
grant such certificate or the application has been rejected and the said
aspect was communicated to the applicant, it shall be deemed that the
competent authority has granted a no objection certificate. Section 12B
deals with the power of commission to decide on the minority status of
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an educational institution. It is for the authority established by the
Central Government or the State Government who is to grant minority
status to any educational institution and only on rejection of the said
request by the authority the commission has to decide on an appeal
regarding the minority status of the educational institution. The
Government has issued G.O.(P) No.2/2020/GAD dated 09.01.2020
making it clear that any person who desires to establish a minority
educational institution must apply to the State Competent Authority (4th
respondent herein - Director, Minority Welfare Department) for grant of
no objection certificate under Section 10 of the Act 2004 and any
application regarding minority status of an educational institution is to
be considered by the 2nd respondent, the Secretary, General Education
Department. So on a reading of Section 10 and Section 12B of the Act
2004 and the Government Order dated 09.01.2020 referred to above, it
is without any doubt that the no objection certificate is required only to
establish a minority educational institution. Admittedly the petitioner
school is already an established institution as early in 1990. Therefore,
I am of the view that the direction by the Government to obtain a no
objection certificate from the competent authority concerned provided
under Section 10 of Act 2004 to consider the request of the petitioner
for issuance of certificate regarding minority status is contrary to the
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provisions of Act 2004. This Court in St. Marys Higher Secondary
School's case cited supra was considering a similar situation and held
that when the request was for minority status certificate post
establishment of the institution there cannot be a direction to produce a
no objection certificate which is required only for establishing a new
minority institution. In view of the above, the direction in Exts.P9, P10
and P16 to produce a no objection certificate from the 4 th respondent,
the Director of Minority Welfare Department for considering the
application for grant of minority status to the petitioner institution cannot
be accepted.
8. The next issue to be considered is the contention of the
learned counsel appearing for the 7th respondent who is the petitioner
in W.P.(C) No.19227 of 2021 that the school is not a minority institution
and therefore cannot claim the benefit of Article 30(1) of the
Constitution of India and therefore the appointment to the post of
Principal has to be made strictly in accordance with the seniority. It is
further contended that until and unless the status of the institution is
declared by the competent authority as per Act 2004, the school cannot
be considered as a minority institution. The Division Bench of this Court
in St.Paul's Higher Secondary School v. State of Kerala, 2020 (2)
KLT 443 has held that it is not necessary for a minority educational
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institution to approach the competent authority for declaration of its
status and the institute need only approach the competent authority
when a question arises as to whether the institution is a minority
institution or not and that once the status is declared, necessarily it
relates back to the date of establishment of the institution. The Apex
Court in Ammad v. Emjay High School, 1998 KHC 460 has
considered the similar issue and held that the declaration by the
Government as a minority school is at best only a recognition of an
existing fact and a school remains what it was irrespective of a
Government declaration. The Apex Court in Corporate Educational
Agency v. James Mathew, 2017 (3) KLT 713 has held that once the
management of a minority educational institution makes a conscious
choice of a qualified person from the minority community to lead the
institution, either as a Headmaster or Principal, the court cannot go into
the merits of the choice or the rationality or propriety of the process of
choice. In view of the declaration of law as stated above, it is not the
declaration by the competent authority or the Government that makes
an educational institution a minority educational institution entitled for
the benefit of Article 30(1) of the Constitution of India and the
declaration by the Government is only a recognition of an existing fact
and a school remains what it is irrespective of a Government
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declaration and further that once status is declared necessarily it
relates back to the date of establishment of the institution. As per the
averment in W.P(C) No.38856 of 2022 the school was established as
early as in 1991 and that the present vicar of Laka St.Thom Marthoma
Church, Edayaranmula is functioning as Manager of the school which
is entitled for protection of Article 30(1) of the Constitution of India as it
is a minority educational institution.
In view of the above facts and circumstances I am of the
opinion that the certification by the authority as per Act 2004 as a
minority running institution is only a declaration or recognition of an
existing fact that the school was a minority educational institution from
the date of its establishment. In the light of the above, the direction in
Exts.P17 and P20 in W.P.(C) No.38856 of 2022 to the petitioner to
entrust duties of Principal in-charge to the next senior teacher is set
aside. Likewise the direction in Exts.P14 and P16 insisting for no
objection certificate for considering Ext.P13 application for declaration
of minority status of the petitioner school is also set aside. There will be
a consequential direction to the 2nd respondent to consider Ext.P13
application for declaration of minority status of A.M.M.H.S.S.,
Edayaranmula after affording an opportunity of being heard to the
petitioner, respondents 6 and 7 and any other affected parties and take
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a final decision on the same without insisting for a no objection
certificate from the 4th respondent and take a decision without any
delay, at any rate, within an outer limit of three months from the date of
receipt of a copy of the judgment. It is made clear that the appointment
to the post of Principal/Headmaster of A.M.M.H.S.S., Edayaranmula
will be subject to the decision to be taken by the 2 nd respondent on
Ext.P13 application submitted by the petitioner for declaration of
minority status.
All the writ petitions are disposed of as above.
Sd/-
VIJU ABRAHAM
JUDGE
cks
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APPENDIX OF WP(C) 11839/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE APPOINTMENT ORDER DATED
1.4.2020 ISSUED BY THE PETITIONER
(REV. JOHNSON VARGHESE, WHO WAS THE
MANAGER AT THAT TIME).
Exhibit P2 COPY OF LIST OF HIGHER SECONDARY
SCHOOL TEACHERS INCLUDING JUNIORS IN
AMMHSS, EDAYARANMULA DATED 14.1.2005
DOWNLOADED FROM THE WEBSITE OF HIGHER
SECONDARY EDUCATION DEPARTMENT.
Exhibit P3 COPY OF LIST OF HIGHER SECONDARY
SCHOOL TEACHERS INCLUDING JUNIORS IN
AMMHSS, EDAYARANMULA DATED 8.10.2010
DOWNLOADED FROM THE WEBSITE OF HIGHER
SECONDARY EDUCATION DEPARTMENT.
Exhibit P4 COPY OF SENIORITY LIST OF TEACHERS IN
AMMHSS, EDAYARANMULA AS ON 1.1.2020.
Exhibit P5 COPY OF SENIORITY LIST OF TEACHERS IN
AMMHSS, EDAYARANMULA AS ON 1.4.2020.
Exhibit P6 COPY OF THE ORDER DATED 4.5.2020
PASSED BY THE 4TH RESPONDENT.
Exhibit P7 COPY OF THE PETITION DATED 4.6.2020
BEFORE THE 4TH RESPONDENT CLAIMING
APPOINTMENT AS PRINCIPAL.
Exhibit P8 COPY OF ORDER NO.4554/C
6/2020/RDD/CNGR DATED 14.10.20 PASSED
BY THE 4TH RESPONDENT.
Exhibit P9 COPY OF THE MEMORANDUM OF APPEAL FILED
BY THE PETITIONER EXCLUDING DOCUMENTS
ALONG WITH POSTAL RECEIPT.
Exhibit P10 COPY OF THE ORDER OF THE SECOND
RESPONDENT DATED 17.3.2021.
W.P.(C) Nos.11839 & 19227 of 2021
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Exhibit P11 COPY OF THE REVISION PETITION FILED BY
THE FIFTH RESPONDENT.
Exhibit P12 COPY OF THE STAY PETITION.
Exhibit P13 COPY OF THE JUDGMENT IN WP(C) 8655/21
DATED 31.3.2021.
Exhibit P14 COPY OF THE NOTICE DATED 26.4.2021
FROM THE FIRST RESPONDENT.
Exhibit P15 COPY OF THE REVISION PETITION FILED BY
THE PETITIONER AGAINST EXHIBIT P10.
Exhibit P16 COPY OF THE APPLICATION TO CONSIDER
REVISION PETITION OF THE SIXTH
RESPONDENT DURING THE HEARING ON
26.4.2021.
Exhibit P17 COPY OF THE HEARING NOTE EXCLUDING
DOCUMENTS SUBMITTED BY COUNSEL FOR
PETITIONER.
Exhibit P18 COPY OF THE ORDER DATED 29.4.2021
STAYING EXHIBIT P12.
Exhibit P19 COPY OF THE REPRESENTATION SEEKING TO
DECLARE AMMHSS AS A MINORITY
INSTITUTION EXCLUDING DOCUMENTS.
Exhibit P20 COPY OF THE ORDER DATED 4.2.2014 BY
THE NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS.
Exhibit P21 COPY OF THE ORDER DATED 4.7.2019 BY
THE NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS.
Exhibit P22 COPY OF LETTER NO.GEDN-F3/10/2020-
G.EDN. DATED 15.3.2021 FROM FIRST
RESPONDENT.
W.P.(C) Nos.11839 & 19227 of 2021
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APPENDIX OF WP(C) 19227/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER
NO.C6/7816/HSE/96 DATED 19/08/1997 OF
THE DIRECTOR.
Exhibit P2 TRUE COPY OF THE ORDER
NO.C6/13664/HSE/97 DATED 31/03/1998 OF
THE DIRECTOR.
Exhibit P3 TRUE COPY OF THE SENIORITY LIST.
Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER OF
SMT.LALI JOHN DATED 01/04/2020.
Exhibit P5 TRUE COPY OF THE REVISION FILED BEFORE
THE RDD HSE, CHENGANNUR DATED
04/06/2020.
Exhibit P6 TRUE COPY OF THE ORDER
NO.4554/C6/2020/RDD/CNGR DATED
14/10/2020 OF THE 3RD RESPONDENT.
Exhibit P7 TRUE COPY OF THE ORDER
NO.ACD.A3/190427/2020/HSE DATED
17/03/2021 OF THE DIRECTOR.
Exhibit P8 TRUE COPY OF THE REVISION PETITION
FILED BEFORE THE GOVERNMENT DATED
25/03/2021.
Exhibit P8(A) TRUE COPY OF THE STAY PETITION FILED
ALONG WITH EXHIBIT P8 DATED 25/3/2021.
Exhibit P9 TRUE COPY OF THE G.O.(RT)
NO.3260/2021/GEDN DATED 05/07/2021 OF
THE GOVT.
Exhibit P10 TRUE COPY OF THE DECISION REPORTED IN
2019(4) KLT 315 DECIDED ON 16/08/2019.
W.P.(C) Nos.11839 & 19227 of 2021
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Exhibit P11 TRUE COPY OF THE EXTRACT OF THE
NOTIFICATION IN THE WEB SITE.
Exhibit P12 TRUE COPY OF THE JUDGMENT IN
O.P.NO.04/2015 DATED 04/02/2017 OF THE
SUB COURT, PATHANAMTHITTA.
Exhibit P13 TRUE COPY OF THE BYE-LAWS OF THE
SCHOOL.
Exhibit P14 TRUE COPY OF THE DECISION REPORTED IN
2015 KHC 4565.
Exhibit P-15 TRUE COPY OF THE JUDGMENT IN
WP(C)NO.2494/2021 DATED 16.03.2023
W.P.(C) Nos.11839 & 19227 of 2021
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APPENDIX OF WP(C) 38856/2022
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE APPOINTMENT ORDER DATED
01.04.2020 APPOINTING SIXTH RESPONDENT
LALI JOHN AS PRINCIPAL
Exhibit P2 A COPY OF THE ORDER NO
1423/CI/RDD/CNGR DATED 04.05.2020 BY
THE FIFTH RESPONDENT PERMITTING THE
SIXTH RESPONDENT TO HOLD PRINCIPAL IN
CHARGE
Exhibit P3 A COPY OF THE ORDER OF THE THIRD
RESPONDENT DATED 17.03.2021 FINDING
THAT AMMHSS IS A MINORITY INSTITUTION
AND DIRECTING APPROVAL OF EXHIBIT P 1
Exhibit P4 COPY OF ORDER NO. 2696/2021/GEDN DATED
29.04.2021 STAYING EXHIBIT P3 PASSED
BY FIRST RESPONDENT
Exhibit P5 COPY OF THE REPRESENTATION DATED
17.05.2021 SEEKING TO DECLARE
A.M.M.H.S.S AS A MINORITY INSTITUTION
EXCLUDING DOCUMENTS
Exhibit P6 COPY OF THE ORDER DATED 04.02.2014 BY
THE NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Exhibit P7 COPY OF THE ORDER DATED 04.07.2019 BY
THE NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Exhibit P8 COPY OF LETTER NO. G.EDN -F3/10/2020-
G.EDN DATED 15.03.2021
Exhibit P9 COPY OF ORDER NO. 3260/2021 G.EDN
DATED 05.07.2021 PASSED BY FIRST
RESPONDENT HOLDING THAT AMMHSS
EDAYARANMULA IS A MINORITY INSTITUTION
W.P.(C) Nos.11839 & 19227 of 2021
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Exhibit P10 TYPED COPY OF THE LETTER NO. 4876 MSC
2021 DMW DATED 16.07.2021 FROM THE
FOURTH RESPONDENT DIRECTING TO SUBMIT
APPLICATION IN PRESCRIBED FORM
Exhibit P11 COPY OF THE APPLICATION DATED 13.08.21
FOR N.O.C IN PRESCRIBED FORM BEFORE
THE FOURTH RESPONDENT
Exhibit P12 COPY OF LETTER NO.4876 MSC 2021 DMW
DATED 15.11.21 INFORMING ABOUT
ADJOURNMENT OF HEARING ON EXHIBIT P11
Exhibit P13 COPY OF THE APPLICATION FOR MINORITY
STATUS CERTIFICATE A.M.M.H.S.S,
EDAYARANMULA DATED 28.03.2022
Exhibit P14 COPY OF LETTER NO. GEDN -F3/116/ 2022-
G.EDN DATED 22.04.2022 FROM THE SECOND
RESPONDENT REQUESTING TO PRODUCE NOC
Exhibit P15 COPY OF PETITION DATED 06.05.2022
FILED BY PETITIONER BEFORE THE SECOND
RESPONDENT AGAINST EXHIBIT P14
Exhibit P16 COPY OF LETTER NO. NO. GEDN -F3/116/
2022-G.EDN DATED 04.07.2022 FROM
SECOND RESPONDENT TO THE PETITIONER
INSISTING FOR NOC FOR CONSIDERATION OF
EXHIBIT P13
Exhibit p17 COPY OF LETTER NO.
2893/C4/2022/RDD/CNGR DATED 04.06.2022
FROM FIFTH RESPONDENT DIRECTING TO
ENTRUST DUTY OF PRINCIPAL IN CHARGE TO
NEXT SENIOR TEACHER
Exhibit P18 COPY OF REPLY DATED 25.07.2022
SUBMITTED BY PETITIONER AGAINST
EXHIBIT P17
Exhibit P19 COPY OF THE REPRESENTATION DATED
18.08.2022 TO THE HONOURABLE MINISTER
FOR EDUCATION FOR MINORITY STATUS
W.P.(C) Nos.11839 & 19227 of 2021
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DECLARATION
Exhibit P20 COPY OF LETTER NO.
2893/C4/2022/RDD/CNGR DATED 20.09.2022
FROM THE FIFTH RESPONDENT TO PRODUCE
MINORITY STATUS CERTIFICATE URGENTLY
Exhibit P21 COPY OF THE NOTICE FROM THE 4TH
RESPONDENT DATED 04.01.2023 DIRECTING
PETITIONER TO APPEAR FOR HEARING ON
10.01.2023
Exhibit P22 COPY OF OBJECTION/NOTE SUBMITTED BY
THE PETITIONER AT THE TIME OF HEARING
ON 10.01.2023
Exhibit P23 COPY OF THE NOTICE DATED 20.01.2023
FROM THE 4TH RESPONDENT
Exhibit P 24 TRUE COPY OF THE REQUEST NUMBERED
124/24/HSE DATED 30/09/2024 FROM THE
6TH RESPONDENT TO 5TH RESPONDENT
Exhibit P25 TRUE COPY OF THE SENIORITY LIST OF
AMMHSS DATED 01-01-2024
Exhibit P 26 TRUE COPY OF LETTER NUMBER
RDD/HSE/CNGR/834/2024-C4 DATED
09/06/2024 FROM THE 5TH RESPONDENT TO
THE PETITIONER
