IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 WP(C).No. 10007 of 2009(U) -------------------------- PETITIONER(S): --------------- 1. CARMEL PUBLIC SCHOOL,PALA, KOTTAYAM DISTRICT,REP.BY ITS MANAGER, REV.SR.PHILOSITTA,CMC. 2. FATIMA CENTRAL SCHOOL,PIRAVAM, REP.BY ITS MANAGER,REV.SR.PHILOSITTA,CMC. BY ADV. SRI.ROY CHACKO SRI.ROMY CHACKO RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE CENTRAL BOARD OF SECONDARY EDUCATION NEW DELHI,REP.BY ITS SECRETARY. ADV. SRI.DEVAN RAMACHANDRAN FOR R2 GOVERNMENT PLEADER, SMT.NISHA BOSE FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10007 of 2009 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE CERTIFICATE OF AFFILIATION DT.26/08/2002 ISSUED TO THE 1ST PETITIONER. EXT.P2 TRUE COPY OF THE TRUST DEED DATED 18/08/1998 EXT.P3 TRUE COPY OF THE APPLICATION SEEKING MINORITY STATUS FILED BY THE 1ST PETITIONER. EXT.P4 TRUE COPY OF THE APPLICATION SEEKING MINORITY STATUS FILED BY THE 2ND PETITIONER. EXT.P5 TRUE COPY OF THE AFFIDAVIT DT.24/1/2009 FILED BY THE PETITIONER. EXT.P6 TRUE COPY OF THE ORDER DT.25/2/2009 PASSED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS AS REGARDS THE 1ST PETITIONER. EXT.P7 TRUE COPY OF THE ORDER DT.25/2/2009 PASSED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS AS REGARDS THE 2ND PETITIONER. EXT.P8 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF DELHI RENDERED BY A SINGLE JUDGE IN DELHI SIKH GURUDWARA MANAGEMENT COMMITTEE (DSGMC) AND OTHERS V.UNION OF INDIA AND ORS. EXT.P9 TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE MANAGER OF THE PETITIONER'S SCHOOL. EXT.P10 TRUE COPY OF THE TRUST DEED AS AMENDED EXT.P10(a) TRUE COPY OF THE RECEIPT FOR PAYMENT OF REGISTRATION FEES REMITTED AT THE SUB REGISTRAR OFFICE, MARADU RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.10007 of 2009-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of September, 2011 JUDGMENT In this writ petition, the petitioners are challenging the order declining the grant of minority status to the school, issued by the National Commission for Minority Educational Institutions. Exts.P6 and P7 are the copies of the orders. 2. The first petitioner is an unaided public school established and administered by the religious congregation by name 'Congregation of Mother Carmel' (CMC), a congregation of Roman Catholic nuns. The second petitioner is also established and administered by the same religious congregation which is being run as a Charitable Trust. 3. Heard learned counsel for the petitioners and learned Govt. Pleader. Learned counsel for the petitioners that the petitioners have produced Ext.P2 copy of the trust deed dated 18.8.1998. Exts.P3 and P4 are the copies of applications submitted for according minority status. An affidavit was also filed in the matter by the first petitioner. 4. It is pointed out that the finding by the Commission against the petitioners is on the basis that there is no specific clause in the Trust Deed wpc 10007/2009 2 showing that the petitioners' institutions are primarily catering to the students of the minority community. 5. In Exts.P6 and P7 orders passed by the Commission, the question whether the institution has been established for the benefit of the community, was considered. The relevant clauses of the Trust Deed were also considered. The Commission was of the view that an object of the Trust or memorandum of association of any society cannot be amended by an affidavit of an individual. Clause 4 of the Trust Deed was referred to and relied upon to find that the institution is not established for the benefit of the said community. 6. The petitioners have produced certain additional materials before this Court along with I.A. No.14422/2011. Ext.P10 is the copy of the Trust Deed amended later. Learned counsel for the petitioners submitted that the amended provisions will support the claims of the petitioners. 7. It is upto the petitioners to invite the attention of the Commission itself in the matter. The Commission had no occasion to consider the terms of the amended trust deed. 8. In that view of the mater, the issue will be reconsidered by the Commission. To enable the Commission to reconsider the matter, Exts.P6 and P7 are quashed. The petitioners will produce all the additional materials wpc 10007/2009 3 before the National Commission for Minority Educational Institutions, including Ext.P10. The Commission will reconsider the matter after referring to the clauses of the amended Trust Deed also and appropriate orders will be passed in accordance with law, after hearing the petitioners and the State Government, expeditiously. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/