IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 WP(C).No. 4426 of 2009(B) ------------------------------------ PETITIONER(S): ---------------------- TIRURANGADI MUSLIM ORPHANAGE COMMITTEE REP. BY ITS SECRETARY, C.H. KUNHAHAMED HAJI, P.O. TIRURANGDI- 676 306. BY ADV. SMT.S.JASMINE RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO THE GOVERNMENT, THIRUVANANTHAPURAM 2. COMMITTEE FOR CONSIDERING APPLICATION FOR MINORITY STATUS, REPRESENTED BY ITS MANAGER, RAM MOHAN PALACE (OLD HIGH COURT BUILDING) ERNAKULAM. R1 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 4426/2009-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATED 12/05/1992 IN O.P. NO. 5671/1992-A. EXT.P2: COPY OF THE ORDER DATED 28/10/2005 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, TIRUR. EXT.P3: COPY OF THE ORDER NO.K.DIS.B2/11617/2001 DATED 28/01/2002 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, TIRUR. EXT.P4: COPY OF THE LETTER DATED 11/01/2006 ISSUED BY THE DISTRICT EDUCATIONL OFFICER, TIRUR TO DY. DIRECTOR OF EDUCATION, MALAPPURAM. EXT.P5: COPY OF THE APPLICATION DATED 30/05/2005 SBMITTED BY PETITIONER COMMITTEE TO THE HONOURABLE MINISTER OF EDUCATION. EXT.P6: COPY OF THE ARGUMENT NOTE SUBMITTED BY THE PETITIONER. EXT.P7: COPY OF THE COVERING LETTER DATED 04/04/2007 ISSUED BY GOVERNMENT TO THE PETITIONER. EXT.P8: COPY OF THE PARAGRAPHS 9, 10, 11, 12 AND 13 OF HEARING NOTES. EXT.P9: COPY OF THE JUDGMENT DATED 22/09/2008 IN WP(C) NO. 15908 OF 2008. EXT.P10: COPY OF THE ORDER G.O.(RT)NO.4866/08/G.EDN. DATED 04/11/2008 OF THE GOVERNMENT. EXT.P11: COPY OF THE PETITION DATED 11/12/2008 SENT BY THE PETITIONER TO THE GOVERNMENT. EXT.P12: COPY OF THE ORDER DATED 06/01/2009 ISSUED BY 2ND RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.4426 of 2009-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2009. JUDGMENT This writ petition is filed mainly for a direction to the first respondent to issue a declaration that Pocker Sahib Memorial Orphanage College is a Minority Institution entitled to protection under Article 30(1) of the Constitution of India. Presently, the petitioner has filed Ext.P11 representation seeking for such a declaration before the Government. It is prayed that a direction may be issued to the Government to pass appropriate orders on Ext.P11 after taking into consideration various aspects. 2. The petitioner’s case in short are the following: The petitioner committee is one registered under the Societies Registration Act, 1860 with registration No.10 of 1946. The association consists only of Muslims. They are conducting various institutions, the details of which are mentioned in paragraph 1 of the writ petition. It is stated that these institutions are situated in an area predominantly inhabited by Muslims and vast majority of students and members of staff of the institutions belong to Muslim community and therefore these are minority institutions. In respect of one of the institutions, viz. Seethi Sahib Memorial Orphanage Teacher wpc 4426/2009 2 Training Institute it is pointed out that the Director of Public Instruction has recognized it as a minority institution as per the notifications issued from 1969 onwards. They had approached this court earlier by filing O.P.No.5671/1992 which was disposed of by Ext.P1 judgment. It is stated that a reading of Ext.P1 will show that the State has recognized as early as in the year 1992 that the institutions run by the petitioner committee are minority institutions entitled for protection under Article 30(1) of the Constitution of India. 3. Exts.P2, P3 and P4 are relied upon to show that various authorities have issued orders in their favour. Ext.P5 is an application submitted by the petitioner dated 30.5.2005 for a declaration that all the institutions run by the petitioner committee are minority institutions. Personal hearing in the matter was held on 6.6.2006. Ext.P6 is the argument note submitted at that point of time. It is pointed out that no orders were passed for a long time. Therefore, the petitioner filed another writ petition, viz. O.P.No.15908/2000 which was disposed of by Ext.P9 judgment and thereafter by Ext.P10, the Government declared minority status in respect of Orphanage Upper Primary School, Thirurangadi and Oriental Higher Secondary School, Thirurangadi. 4. Ext.P11 is the application in respect of Pocker Sahib Memorial Orphanage College, Thirurangadi. It is pointed out in the application itself that the total students strength of the college is 1414, out of which 1033 wpc 4426/2009 3 students are Muslims and 268 belong to SC/ST. Out of the total number of 102 members of staff, 94 belong to Muslim, one belong to SC/ST and others are only 7. 5. The petitioner is aggrieved by the reply given as per Ext.P12 stating that the application cannot be considered in view of the pendency of a Special Leave Petition in relation to the matter before the Hon’ble Supreme Court. It is pointed out that the same has no bearing on the issue raised by the petitioner in Ext.P11. 6. In the light of the fact that no final orders have been passed on Ext.P11 and in the light of the fact that orders have already been passed as per Ext.P10 in respect of the other institutions managed by the same Committee, it is appropriate that a decision on merits is taken on Ext.P11 as requested for by the petitioner. 7. Therefore, there will be a direction to the first respondent to pass appropriate orders on Ext.P11 in accordance with law, after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/