SECRETARY Vs. DEPUTY DIRECTOR

JUDGEMENT

(1.) This is a petition filed by the Secretary, Cochin Devaswom Board (hereinafter referred to as 'the Board' for short) to modify the terms and conditions stipulated by this Court in the order passed on 9.6.2005 in D.B.A. No. 66 of 2005 and to grant permission to the Board to fill up seats in the degree courses reserved for the management of Sree Keralavarma College and Sree Vivekananda College at the discretion of the Board and in terms of Annexure A2 order dated 21.5.2014. The main ground raised is that in all private aided institutions including colleges in Kerala, seats reserved for the management are filled up by the management in accordance with their discretion, that such managements can make admissions to seats in the management quota without insisting on higher score of marks, but in case of the aided colleges administered by the Cochin Devaswom Board, the norms insisted and upheld by this Court in the order passed on 9.6.2005 in D.B.A. No. 66 of 2005 (Annexure A-1) have to be followed. It is stated that the Board has by Annexure A2 order dated 21.5.2014 resolved to take steps to seek a review of the aforesaid order and it is in such circumstances that the instant petition has been filed seeking the aforesaid relief.

(2.) The issue first came up before a Division Bench of this Court when the audit report of the Cochin Devaswom Board was considered in C.M.P. No. 2657 of 1992. In paragraph 9 of the counter affidavit filed in support of C.M.P. No. 2657 of 1992, the Board had stated as follows:

(3.) The contention of the Board was that merit should not be insisted upon in making admissions to 20% of the seats set apart as management quota. The Division Bench which considered the said aspect of the matter passed an order dated 1.12.1994 on C.M.P. No. 2657 of 1992 and it reads as follows: