SR.JESSY MOTHER SUPERIOR Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER claims to be the educational agency which established the Little Flower Girls High School, Njarakkal (for short, "the School"). According to the petitioner, sanction was originally granted for starting the said school in the convent building. It is a minority institution established by the Nuns of the Little Flower Convent, Njarakkal. The said school is entitled to protection under Art.30(1) of the Constitution of India and of minority educational institution under the Kerala Education Act (for short, "the Act) and the Kerala Education Rules (for short, "the Rules). While so, certain persons under the leadership of the local Parish Church (St.Mary's Church, Njarakkal) prepared a byelaw and got it approved fraudulently concerning running of the said school. The Government set aside the byelaw. That was approved by Ext.P2, judgment dated 12.04.2011 in Writ Appeal No.28 of 2011. Following that, petitioner filed Ext.P6, representation dated 15.03.2012 requesting the second respondent and the Government to accord minority status for the school. By Ext.P3, letter dated 05.10.2009 the third respondent sought details from the petitioner. Petitioner submitted the details but, thereafter no action was taken. Hence this Writ Petition seeking a direction to the respondents 1 and 2 to recognize and approve and declare the School as a minority institution established by the Nuns (of the Little Flower Convent, Narakkal) and further declare that the said school is having the protection of minority educational institution under the Act and Rules and also under Art.30(1) of the Constitution of India.

(2.) THE learned counsel for the petitioner has submitted that though in Ext.P2, judgment it is observed in paragraph 13 that Ext.P1, order (Ext.P5 in the writ appeal) is confirmed, if the finding of title and possession of the land and buildings based on which Ext.P1, order was issued are reversed by virtue of any final civil court judgment or decree, it is open to the Vicar of the St.Mary's Church to apply for reconsideration of Ext.P1 and in that event the Government shall consider the impact on Ext.P1, order and if any modification or reversal is required the Government shall do so after hearing both sides, the St.Mary's Church, Njarakkal or any other person has not initiated any civil action to establish ownership and possession they claimed over the land and building. In the circumstance, the School should have been accorded status of minority institution .

(3.) IT is seen from Ext.P5, that the Vicar, St.Mary's Church, Njarakkal and others had challenged Ext.P2, judgment in the Supreme Court but the special leave petitions were dismissed with the observation that dismissal of the special leave petition will not stand in the way of the Vicar of the St.Mary's Church and others approaching the Civil Court by filing suit and proving title in accordance with law.