MOHANKUMAR Vs. GURUVAYUR DEVASWOM BOARD

JUDGEMENT

(1.) Petitioner in W.P.(C) No. 24310 of 2004 is the Guruvayoor Devaswom Employees Congress. According to the petitioner, it is a registered union of the employees. The Sree Krishna College, Guruvayoor, which is an aided private collage affiliated to the University of Calicut, is under the management of the Guruvayoor Devaswom Board. In all the educational institutions managed by the Board, the children of the employees of the Board are given preference for admission under the management quota. After giving admission to the children of the employees, if there are seats available in the management quota, those are filled up from outside. This practice is in vogue for the past several years.

(2.) In the Board meeting held on 14.5.2004, it was decided to collect Rs. 1,500/- towards Development Fund from all students who are given admissions in the staff quota for plus one, degree and postgraduate courses for the academic year 2004-05. According to the petitioner, it was also decided that all other conditions remain unchanged and will continue as in the previous years. However, the respondents have violated the above decision and practise which was followed for the past several years and the children of the employees are denied admission in the management quota during the academic year 2004-05. In paragraph (C) of the points urged in this petition, it is stated that the total number of seats for M.Sc. (Physics) in the Sree Krishna College is 16. Out of the total 16 seats, 3 seats are reserved for management. There are also 15 seats in the management quota for all the postgraduate courses. Sri. Jithin Mohan is the only candidate claiming admission under the staff quota. However, ignoring his claims, the respondents admitted Kumari Babitha, A.V. in the management quota. The above action of the respondents is against the decision of the Managing Committee taken on 14.5.2004.

(3.) A counter affidavit has been filed by the Guruvayoor Devaswom. In paragraph 3 of the counter affidavit, it is stated as follows: "It is submitted that at no point of time there been any reservation of seats in the management quota for the children of employees of Guruvayoor Devaswom or the educational institutions run by the Guruvayoor Devaswom. As in the case of other private affiliated Colleges, in the Sree Krishna College also 20% of the seats are set apart for admission in the management quota. Every year, the seats in the management quota are filled up on the basis of the decision taken by the Guruvayoor Devaswom Managing Committee. It is respectfully submitted that the Guruvayoor Devaswom Managing Committee has the absolute discretion and authority to make admissions to the seats available in the management quota. In the management quota, seats are not earmarked/reserved for any particular category of candidates and no seat in the management quota is set apart or reserved for the children of employees of the Guruvayoor Devaswom or the educational institutions run by the Guruvayoor Devaswom". In paragraph 4 it is further stated that the children of Guruvayoor Devaswom employees and the employees of the educational institutions run by the Guruvayoor Devaswom, who apply for admissions in the management quota are extended certain concessions based on the decision taken by the Guruvayoor Devaswom Managing Committee. Such decision are confined to and operate only for the academic year concerned. So far as the question of admission to M.Sc. (Physics) is concerned, it is stated in paragraph 5 that for the academic year 2004-05, Kumari Babitha, A.V. has been given admission in the management quota.