KANACHUR ISLAMIC EDUCATION TRUST Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The parties to both these petitions are the same and the issue involved is the same. Accordingly, these petitions are taken up together for consideration and disposed of by this order.

(2.) The petitioners at the first instance were before this Court seeking issue of mandamus to direct respondent No.1 to allot the seats to the second petitioner institution as per their preference indicated through the letter dated 14.05.2018 as at Annexure-A. During the pendency of the said petition, the respondent No.1 declined the request through their communication/endorsement dated 04.07.2018 which is impugned at Annexure-P by amending the first set of petitions and is also assailed in the subsequent petitions. It is in that circumstance all these petitions arise for a common consideration.

(3.) The position which does not admit of any dispute is that the petitioner No.1 Trust which was registered with the object of providing education and related activities to children of all castes, creed, community, sex, race and religion was thereafter amended through the supplemental trust deed dated 04.08.2015 and inserted the additional clause modifying the object to establish, run and administer educational institutions primarily for the benefit of the Muslim Minority community and also the society at large. Subsequently the appropriate minority certificate has been obtained and through the petitioner No.2 the Medical education is being imparted. In pursuance thereof consensual agreement has been entered into with the Government and in that regard the seat matrix has also been fixed. Towards the total 150 seats available to the petitioner No.2, 38 seats are allotted to the Government quota and 30 seats to NRI. The institution being a minority institution, 82 seats are allotted in that regard towards minority quota. The issue presently is only with regard to the said 82 seats which have been earmarked for minority students which would be filled up through the selection process conducted by the respondent No. In that regard, the petitioners contend that the first petitioner trust is promoted by the trustees belonging to the Sunni sect of the Muslim community and as such the petitioners be allotted from the students belonging to that sect on being duly certified by the President, Sunni Jam Iyyathul Ulama, Karnataka, Mangaluru on inter-se merit of the applicants.