IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 12750 of 2007(P)
1. THE CORPORATE MANAGER,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
Dated :24/05/2007
O R D E R
A.K.BASHEER, J.
-------------------------------------------
W.P.(C)No.12750 of 2007
-------------------------------------------
Dated this the 24th day of May, 2007
JUDGMENT
Petitioner is stated to be the Corporate Manager of a
Lower Primary School, High School and Vocational Higher
Secondary School run by a trust known in the name and style
of Mujahideen Trust, Kochi. Petitioner claims that the above
schools are entitled to be recognised and declared as minority
institutions.
2. It is on record that petitioner had made an attempt
for such a declaration from the Director of Public Instruction
on an earlier occasion. In response to the application
submitted by the petitioner, the Director of Public Instruction
had informed the petitioner that in view of Ext.P3 order of the
Government, there was no necessity for the Government to
grant such a declaration. Petitioner was however advised that
he may claim the benefit of the above status before the
educational authority, if necessary, while considering the
request for approval of appointment of headmaster.
W.P.(C)No.12750 of 2007
:: 2 ::
3. Learned counsel submits that petitioner had
preferred Ext.P4 application for a formal declaration yet
again, in view of the dictum laid down by this court in
Evan’s U.P. School v. State of Kerala [2001 (1) KLT
849]. The said application is still pending consideration
before the Government.
4. I have heard learned Government Pleader also. He
submits that he has been informed that the Government has
constituted a high level Committee to formulate principles
and guidelines for grant of declaration of minority status to
certain institutions in the state. The Government is awaiting
the report from the Committee. He further submits that the
Government will take a decision on Ext.P4, as soon as the
report of the committee is received, and a policy decision is
taken. He prays for granting reasonable time to the
Government to do so. Learned counsel for the petitioner
submits that petitioner will be satisfied, if an appropriate
direction in this regard is issued, stipulating a time frame.
W.P.(C)No.12750 of 2007
:: 3 ::
5. In the above facts and circumstances, the writ
petition is disposed of with a direction to the respondent to
take a decision on Ext.P4 strictly on its merit and in
accordance with law as expeditiously as possible, at any rate,
within six months from the date of receipt of a copy of this
judgment. It will be open to the respondent to take a decision
in the matter after calling for the report of the high level
committee. Needless to mention that petitioner or an
authorised representative of the Trust shall be afforded
sufficient opportunity to be heard before any decision is
taken.
Writ petition is disposed of as above.
A.K.BASHEER, JUDGE
jes