IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WP(C).No. 2870 of 2008(N) -------------------------------------- PETITIONER(S): ------------------------ SR.MARY DAVIS, D/O.DAVIS PARACKA, AGED 62 YEARS, MOTHER PROVINCIAL, MANAGER, CORPORATE EDUCATIONAL AGENCY, MARY MATHA PROVINCE, ANGAMALY, VENGOOR, PIRAROOR, KALADY - 683 574. ERNAKULAM DISTRICT. BY ADVS.MR.V.A.MUHAMMED MR.K.E.HAMZA RESPONDENT(S): -------------------------- THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.2870/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE AIMS AND OBJECTIVES OF THE SCHOOL DTD. NIL. P2:- COPY OF THE CON. OF THE COR. EDL. AGENCY DT. NIL. P3:- COPY OF THE CONSTITUTION OF CORPORATE EDL. AGENCY OF MARY MATHA PROVINCE DTD. NIL. P4:- COPY OF THE ORDER NO.ET4/23249/88/R.DIS./DPI OF THE DR. OF PUBLIC INSTRUCTION DTD. 6.9.`988/ 15.09.88. P4(a):- COPY OF THE ORDER NO.L.DIS 108680/88/ET (4) OF THE DO. DTD. 8.3.89. P5:- COPY OF THE APPOINTMENT ORDER AND THE ORDER NO.B2/2534/94/D. DIS. OF THE DIST. EDL. OFFICER, ALUVA DT. 2.7.93/21.3.94. P6:- COPY OF THE NOTIFICATION NO.M4/12996/76 OF THE DR. OF PUBLIC INSTRUCTION DTD. 16.12.1976. P7:- COPY OF THE ORDER NO.M4/129962/76 OF DO. DTD. 14.12.76. P8:- COPY OF THE APPLICATION FILED BEFORE THE GOVT. DTD. 15.12.05. P9:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC. NO.329/06. DTD. 10.2.06. P10:- COPY OF THE G.O.(RT) NO.4034/06/G. EDN. OF THE GOVERNMENT DT. 18.9.06. P11:- COPY OF THE G.O.(RT) NO.3720/05/G./EDN. OF THE GOVERNMENT 27.7.05. P12:- COPY OF THE G.O.(RT) NO.904/G.EDN. OF THE GOVERNMENT DTD. 28.2.06. P13:- COPY OF THE G.O.(RT) NO.4336/08/G.EDN. OF THE GOVERNMENT DTD. 29.9.08. TRUE COPY P.A. TO JUDGE tss T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.2870 of 2008 -------------------------- Dated this the 18th November,2009 J U D G M E N T Petitioner is the Mother Provincial and Manager of Corporate Educational Agency, Mary Matha Province, Angamaly in Ernakulam District. 2. There are 9 Aided Schools under the said Educational Agency, the details of which are given in paragraph 1 of the writ petition. 3. The case of the petitioner is that these schools were established under the Vimala Province of Congregation of Mother of Carmel, Ernakulam. The Educational Policy of the Congregation of Mother of Carmel has been produced as Ext.P1. The Constitution of the Corporate Educational Agency of Vimala Province has been produced as Ext.P2. Ext.P3 is the copy of the Constitution of Corporate Educational Agency of Mary Matha Province of Angamaly 4. It is the case of the petitioner that since the objective of the petitioner management is the upliftment of Christian Community through education, it is a Minority W.P ( C) No.2870 of 2008 2 Institution as envisaged under Article 30 (1) of the Constitution of India. Majority of the students and staff in the Educational institutions of the petitioner belong to Christian Minority Community. To substantiate the contention, Ext.P5 has been produced to show that the appointments of the Headmasters of the school under the Educational Agency have been invariably been made by invoking minority right envisaged under Article 30 (1) of the Constitution of India. 5. Seeking for declaration of minority status, the petitioner moved the Government by filing Ext.P8 representation. By Ext.P10 a reply was given to the effect that the matter will be considered only after the guidelines are issued by the Government. 6. Along with I.A No.15119 of 2008, the petitioner has produced Exts.P11 to P13 orders, whereby, the Government have granted minority status in respect of three different institutions, the names of which are mentioned therein. 7. In Ground D of the writ petition, petitioner is relying upon a decision of this Court in Evan's U.P. School W.P ( C) No.2870 of 2008 3 Vs. State of Kerala [2001 (1) K.L.T. 849] to the effect that "Government is the most appropriate authority to determine the claim or resolve the dispute relating to Minority rights'. 8. In that view of the matter, petitioner seeks for reconsideration of Ext.P10 in the light of Exts.P11 to P13 orders issued by the Government. 9. There will be a direction to the respondent herein to reconsider Ext.P10 and consider the claim for grant of minority status sought for by the petitioner in Ext.P8 especially in the light of Exts. P11 to P13 orders passed by the Government in respect of different institutions. A representative of the petitioner will be heard before a decision is taken and an appropriate decision will be taken within a period of three months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.2870 of 2008 4 W.P ( C) No.2870 of 2008 5