The Principal, Assisi College Of ... vs Kerala University Of Health Sciences
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Kerala High Court

The Principal, Assisi College Of ... vs Kerala University Of Health Sciences on 10 June, 2025

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

     TUESDAY, THE 10TH DAY OF JUNE 2025 / 20TH JYAISHTA, 1947

                        WP(C) NO. 10431 OF 2024

PETITIONER/S:

            THE PRINCIPAL, ASSISI COLLEGE OF NURSING
            PROPOSE P.O., ERUMELY, KOTTAYAM DISTRICT, PIN - 686509


            BY ADVS.
            SRI.GEORGE POONTHOTTAM (SR.)
            SMT.NISHA GEORGE
            SMT.KAVYA VARMA M. M.




RESPONDENT/S:

    1       KERALA UNIVERSITY OF HEALTH SCIENCES
            MEDICAL COLLEGE P.O., THRISSUR, REPRESENTED BY THE
            REGISTRAR, PIN - 680596

    2       THE CONTROLLER OF EXAMINATIONS
            KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE
            P.O., THRISSUR, PIN - 680596

    3       THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL
            COLLEGES IN KERALA
            T.C. 15/1553-4, PRASANTHI BUILDINGS, M.P. APPAN ROAD,
            VAZHUTHACAUD, THIRUVANANTHAPURAM, REPRESENTED BY THE
            CHAIRMAN, PIN - 695014


            BY ADVS.
            FOR R1 AND R2 BY SRI.P. SREEKUMAR, SR.COUNSEL
            SRI.BINNY THOMAS
            FOR R3 BY SMT.MARY BENJAMIN



     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
21.05.2025, THE COURT ON 10.06.2025 DELIVERED THE FOLLOWING:
                                                                 2025:KER:37686
WP(C)No. 10431/2024                    2




                                 JUDGMENT

The petitioner is the Principal of Assisi College of Nursing,

Erumely in Kottayam District. The grievance highlighted in this

writ petition is against the 3 rd respondent- the Admission

Supervisory Committee for Professional colleges in Kerala, as

according to the petitioner, they insisted the petitioner to

produce a certificate from the National Minority Commission,

showing the minority status of the institution of the petitioner.

2. The relief sought in this writ petition are as follows:

"i) issue a writ in the nature of mandamus, directing the respondents 1 and 2 to provide the facilities for uploading the details of students, who are given admission during 2023 for B.Sc Nursing programme in the petitioner college as evidenced through in Exhibit P2 without awaiting any further orders from the 3rd respondent ;

ii) issue a writ declaring that there is no justification for the 3rd respondent requiring the petitioner to produce the certificate of minority from the National Minority Commission, since such a certificate is only the declaration of an existing fact as being a useless formality;

iii) issue a writ in the nature of mandamus directing the 3rd respondent to process the details forwarded along with Exhibit P-4 as was done in the past, without insisting on a certificate from the National Minority Commission in recognizing the minority status of the petitioner 2025:KER:37686

institution;

(iii)(a) issue a writ declaring that Assissi Hospital Society and the nursing college established and administered by Vijayapuram Diocese of Latin Catholic community is a minority educational institution as envisaged under Article 30(1) of the Constitution of India and the insistence to produce documents or certificate is illegal and unauthorized;

iv. Dispense with filing of the English translation or vernacular documents;

v. Grant such other reliefs as this Court deems fit in the facts and circumstances of the case"

3. The facts which led to the filing of this writ petition are

as follows:

3.1. The petitioner was granted affiliation by the 1 st

respondent to conduct the B.Sc. Nursing programme, with an

intake of 30 seats. According to the petitioner, the college was

established by Vijayapuram Diocese of the Latin Catholic Church

in the hospital run, managed and administered by the said

Diocese, during the year, 2012. It is a 150 bed hospital with all

the facilities. On the basis of affiliation granted to the petitioner,

they are conducting B.Sc course and they have also entered into

a seat sharing agreement with the Government, by which 50%

of the seats will be filled up by allotment by the State agency 2025:KER:37686

and the 50% seats will be filled up by the management. The

petitioner is also a member of Christian Management

Association. There are seats reserved for NRI candidates as well,

and those seats are filled up by the member colleges on the

allotment made by the Christian Management Association, based

on the application received from eligible candidates under the

NRI category.

3.2. The 3rd respondent Admission Supervisory Committee

is a statutory entity created by the Government for supervising

the admission in the colleges. As part of the admission process,

the petitioner forwarded the details of the students admitted for

the academic year 2023-2024 to the 3 rd respondent for approval.

However, as there occurred delay in granting approval by the 3 rd

respondent, an inquiry with the 3 rd respondent was made by the

petitioner, which revealed that, in order to process the approval,

the petitioner has to produce a certificate issued by the

competent authority, evidencing the minority status. Even

though Ext.P5 letter was submitted by the petitioner before the

3rd respondent highlighting that, as the petitioner institution was 2025:KER:37686

established and is maintained by a minority, they are eligible to

get the status of minority and consequential benefits as

contemplated under Article 30 of the Constitution of India.

However, it did not evoke any response from the 3 rd respondent.

In the meantime, the 1st respondent University notified the

examination schedule of 2023 batch and without the approval of

the 3rd respondent, it was impossible for the students to get

registered for the examination and it was in these

circumstances, this writ petition is submitted seeking the reliefs

referred to above.

4. A detailed counter affidavit was submitted by the 3 rd

respondent wherein it was contended that, being a statutory

authority to supervise the admissions, the 3rd respondent has to

ensure that, the Constitutional rights and privileges of the

minority are granted to the persons/institutions, who are eligible

for the same. In order to ascertain the same, the petitioner has

to produce a certificate, either from the Government or from the

National Minority Commission. In the counter affidavit, the 3 rd

respondent also referred to various provisions of the National 2025:KER:37686

Commission for Minority Educational Institutions Act, 2004 which

provided for the manner and method for obtaining a certificate

of minority status for an institution. Thus, they sought dismissal

of the writ petition.

5. I have Heard Sri. George Poonthottam, the learned

Senior Counsel appearing for the petitioner assisted by

Smt.Nisha George, Sri. P.Sreekumar, the learned Senior Counsel

for the respondents 1 and 2 assisted by Sri. Benny Thomas and

Smt. Mary Benjamin, the learned standing counsel for the 3 rd

respondent.

6. The only question that arises for consideration is

whether the stand taken by the 3 rd respondent insisting for a

certificate showing the minority status of the petitioner is

justifiable or not. According to the learned Senior Counsel for

the petitioner, such insistence is not at all necessary. According

to him, in the writ petition itself, they have specifically averred

that, the college was established by Vijayapuram Diocese of the

Latin Catholic Church and there cannot be any dispute as to the

minority status of the institution. Therefore, a certificate 2025:KER:37686

declaring the said status is not necessary and it is not proper on

the part of the 3rd respondent to insist for the same. It was

contended that, as far as the certificate is concerned, it is only a

declaration of an existing fact and such a certificate is not

mandatory for getting the benefits provided to the minority

institution as per Art.30 of the Constitution of India. The learned

Senior Counsel places reliance upon the decisions rendered by

the Hon'ble Supreme Court in Manager, Corporate

Educational Agency v. James Mathew and Others [(2017)

15 SCC 595], St. Berkman's College, Changanacherry and

Others v. Principal Secretary to Government, Higher

Education Department and Others [2009(2) KHC 41],

St. Pauls Higher Secondary School v. State of Kerala

[(2020) 2 KLT 443] and Ammad v. Emjay High School

[1998(2) KLT 828].

7. On the other hand, the learned counsel appearing for

the 3rd respondent vehemently opposed the said contentions by

pointing out that, the petitioner cannot seek the reliefs sought in

this writ petition. It was pointed out that, there are competent 2025:KER:37686

authorities contemplated under the National Commission for

Minority Educational Institutions Act, 2004 (hereinafter referred

to as 'the Act, 2004'), to obtain a certificate and the same can

be easily obtained by them by submitting an application in this

regard. According to the learned counsel for the 3 rd respondent,

the petitioner wants to bypass the said procedure and get a

declaration from this Court that such certificate is not necessary,

instead of invoking the statutory remedies available to them.

8. After carefully going through the materials placed on

record and hearing the contentions from either side, I find merits

in the submission made by the learned counsel for the 3 rd

respondent. Even though the learned Senior Counsel for the

petitioner placed reliance upon several decisions referred to

above, it can be seen that, all the said decisions are in respect of

cases where, there was no dispute with regard to the minority

status of the institution concerned. The issues related therein

were with respect to the date from which the benefits can be

availed by the institution ie., whether it is from the date of the

establishment of the institution or from the date on which the 2025:KER:37686

certificate was issued. In some decisions, the question involved

related to the appointment of the head of the institution in a

minority school. However, it is true that, in all those cases, it

was clearly observed that a certification from the National

Commission for Minority Educational Institutions is not necessary

in all circumstances. However, those observations were made as

there was no dispute with respect to the minority status in the

respective cases. With regard to the date of availing the

benefits, it was clearly held in James Mathew's case (supra)

that the certification of minority status by the competent

authority is only a declaration of the existing fact and therefore

the same would commence from the date of establishment of

the institution it self and not from the date of certification.

9. However, the crucial question that arises here is,

whether the petitioner Institution is a minority institution or not.

It is a well settled position of law that, for claiming the status of

a minority institution, such institution has to show that such

institution was established and managed by a minority

institution. Article 30(1) of the Constitution of India 2025:KER:37686

contemplates that all minorities whether based on religious or

linguistic grounds, shall have the right to establish and

administer educational institutions of their choice. Therefore,

both the conditions i.e., "establishment" and "management", by

a minority, are the basic requirements for getting the status of

minority. As rightly pointed out by the learned counsel for the

3rd respondent, being a statutory body authorising and

supervising the admissions of the colleges, the 3 rd respondent

has a duty vested upon them to ensure that, the Constitutional

benefits are granted to the persons who are eligible for the

same. In this case, apart from the assertion from the petitioner

that, the petitioner's establishment is established and managed

by a minority, there are no materials produced before the 3 rd

respondent, to show the status of the petitioner. According

to the 3rd respondent, when the necessary documents for

approval of the registration of the students were forwarded to

them, no documents were forwarded to the 3 rd respondent

to establish their minority rights. Therefore, there was nothing

wrong on the part of the 3 rd respondent to insist for such 2025:KER:37686

certificate, as it was only to ensure that, the petitioner-

Institution is eligible for minority status. Of course, there cannot

be any doubt, the petitioner-Institution being managed by

Vijayapuram Diocese of the Latin Catholic Church which is a

minority. However, in addition to the above, it is also to be

established by the petitioner that, the institution was established

by the said Diocese and unless both the aforesaid requirements,

i.e establishment and management, are satisfied, the institution

cannot be held to be a minority institution.

10. As rightly pointed out by the learned counsel for the

3rd respondent, the National Commission for Minority Educational

Institutions Act, 2004 specifically provides the authorities and

procedure for obtaining a certification with regard to the minority

status. Since the 3rd respondent is competent to insist for such a

certification, the petitioner should have resorted to the

procedure by submitting an application in this regard as

contemplated under the Act, 2004 either before the Government

or before the National Commission for Minority Educational

Institutions Act, 2004 for such certification. The reluctance on 2025:KER:37686

the part of the petitioner in adopting the said method is very

conspicuous. If the petitioner- Institution was established and

managed by a minority, I do not find any reason, in not adopting

the said procedure under the Act, 2004 by the petitioner. Since

the claim of minority status is made by the petitioner, the burden

to establish the same is also upon them.

11. As far as the reliefs sought by the petitioner in the writ

petition are concerned, I am of the view that, a separate

machinery and authorities are contemplated under a specific

enactment for certification of minority status. Therefore, that

exercise need not be conducted in a proceedings under Art. 226

of the Constitution of India. This observation is made in view of

the fact that, the petitioner has produced certain documents to

establish that, it is an institution established and managed by a

minority. In fact, the request for the same can be made

by the petitioner before the Government or National Commission

for Minority Educational Institutions for obtaining a certificate

and to get a minority status. Under no circumstances, the

insistence of the certificate by the 3 rd respondent cannot be 2025:KER:37686

found fault with, as it is part of their statutory obligations .

12. In such circumstances, I do not find any justification in

granting the reliefs sought by the petitioner in this writ petition.

As far as the declaration for minority status is concerned, it is for

the petitioner to approach the competent authority or the

National Commission for Minority Educational Institutions under

the provisions of the National Commission for Minority

Educational Institutions Act 2004 to obtain such certificate.

13. This Court has passed various interim orders in this

case at various stages permitting 17 students who joined B. Sc

Nursing course in the year, 2023 to continue the course and

attend the examinations conducted by the 1st and 2nd

respondents. Even while, I am declining the reliefs sought by

the petitioner, I am of the view that, the failure to produce the

certificate of minority status should not affect the rights of the

students who have already joined the petitioner-Institution.

In such circumstances, this writ petition is disposed of

making the interim orders already passed by this Court on

15.03.2004, 22.08.2024, 25.09.2004, 04.10.2024 and 2025:KER:37686

18.03.2025, absolute. It is clarified that, the students who are

continuing the studies based on the interim orders passed by

this Court shall be entitled to continue their studies irrespective

of the minority status of the petitioner. The petitioner shall

produce the certificate as required by the 3 rd respondent to

approve the admissions to be made in future.

Sd/-

ZIYAD RAHMAN A.A. JUDGE

pkk 2025:KER:37686

APPENDIX OF WP(C) 10431/2024

PETITIONER EXHIBITS

EXHIBIT-P1 TRUE COPY OF THE AFFILIATION GRANTED BY THE RESPONDENT UNIVERSITY BEARING U.O.NO.1265/2023/ACADEMIC/ KUHS DATED 22.08.2023 EXHIBIT-P2 TRUE COPY OF THE LIST OF STUDENTS WHO ARE GIVEN ADMISSION FOR B.SC NURSING PROGRAM FOR THE ACADEMIC YEAR 2023 ON BEING FORWARDED AND UPLOADED IN THE WEBSITE OF THE UNIVERSITY WITH ALL PARTICULARS OF THE STUDENTS ALONG WITH COVERING LETTER BEARING F.NO.ACN/2243/2023 DATED 30.12.2023 ISSUED BY THE PETITIONER COLLEGE EXHIBIT-P3 TRUE COPY OF THE DETAILS OF REGISTRATION STATUS UPDATED (2023-2024) GENERATED ON 12.03.2024 ISSUED BY THE 1ST RESPONDENT UNIVERSITY ALONG WITH COPY OF THE LIST OF STUDENTS FOR UG B.SC NURSING FOR THE ADMISSION YEAR 2023 EXHIBIT-P4 TRUE COPY OF THE COVERING LETTER BEARING F.NO. ACN/2231/2023 DATED 18.12.2023 ISSUED BY THE PETITIONER COLLEGE AND FORWARDED TO THE ADMISSION SUPERVISORY COMMITTEE WITHOUT ENCLOSURES.

EXHIBIT-P5 TRUE COPY OF THE COMMUNICATION BEARING F.NO. ACN/2278/2024 DATED 21.02.2024 ISSUED BY THE PETITIONER COLLEGE TO THE ADMISSION SUPERVISORY COMMITTEE EXHIBIT -P6 TRUE COPY OF THE SCHEDULE PUBLISHED BY THE 2ND RESPONDENT FOR THE FIRST SEMESTER B.SC NURSING DEGREE EXAMINATION BEARING NOTIFICATION NO.7843/2024/C1/EX-NURS/KUHS DATED 02.03.2024.

EXHIBIT P7 A TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 02.05.1985 ISSUED BY THE DISTRICT REGISTRAR AS PER THE PROVISIONS OF THE TRAVANCORE -COCHIN LITERARY SCIENTIFIC AND SOCIETIES REGISTRATION ACT 1955 (ACT 12 OF 1955) EXHIBIT P8 COPY OF THE MEMORANDUM OF ASSOCIATION OF THE ASSISI HOSPITAL SOCIETY DATED APRIL 1984 ALONG WITH ITS TYPED LEGIBLE COPY.

2025:KER:37686

EXHIBIT P9 COPY OF THE RULES AND REGULATIONS OF THE ASSISI HOSPITAL SOCIETY DATED NIL, ALONG WITH ITS TYPED LEGIBLE COPY.

EXHIBIT P10 TRUE COPY OF THE NOC BEARING G.O.(MS) NO.

103/2011/H&FWD DATED 16.02.2011 EXHIBIT P11 TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(RT)NO.35/2012/H&FWD DATED 04.01.2012 EXHIBIT P12 TRUE COPY OF THE APPLICATION FOR LOP FOR STARTING NURSING COURSE DATED 24.05.2012 SUBMITTED BY THE VICAR GENERAL EXHIBIT P13 TRUE COPY OF THE G.O.(MS)NO. 157/2012/H&FWD DATED 31.05.2012 EXHIBIT P14 TRUE COPY OF THE APPLICATION GIVEN TO THE UNIVERSITY DATED 15.11.2011 BY THE ASSISSI HOSPITAL SOCIETY EXHIBIT P15 TRUE COPY OF THE ORDER NO. 150/5229/ ACI/2/2011/KUHS DATED 29.05.2012 PASSED BY THE 1ST RESPONDENT UNIVERSITY .

EXHIBIT P16 A TRUE COPY OF THE NOTIFICATION NO.

26981/2024/C1/EX-NUR/KUHS DATED 31.08.2024 ISSUED BY THE 1ST RESPONDENT UNIVERSITY EXHIBIT P17 A TRUE COPY OF THE ORDER DATED 30.09.2024 BEARING NO. 5455/AC II/NSG/A4/KUHS/ 2024 ISSUED BY THE 1ST RESPONDENT UNIVERSITY EXHIBIT P18 TRUE COPY OF THE B.SC NURSING NOTIFICATION/ACADEMIC CALENDAR 2024-25 PUBLISHED BY THE UNIVERSITY IN THIS REGARD.