JESSY Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The petitioner is an Educational Agency, which established a Girls High School, with Standards VIII, IX and X at Narakkal, Cochin. According to the petitioner, originally the school was sanctioned prior to the commencement of the Kerala Educational Act and Rules (hereinafter referred to as 'the Act and Rules'). The school after its establishment, by Mother Superior was run by the Nuns giving best education to the students. So the said school is entitled to get protection under Article 30(1) of the Constitution of India and of Minority Educational Institutions under the Act and Rules. Hence, the petitioner filed an application, seeking a direction to respondents 1 and 2, to recognise, approve and declare the school, as minority institution and further declare that the school is having protection of Minority Educational Institutions under the Act and Rules, as envisaged under Article 30(1) of the Constitution of India. The petitioner has produced all the relevant documents from the very beginning of the school, which would show that the school was established by Nuns, the minorities and is being administered by successors of that minority. After hearing the petitioner, Government passed Ext. P10 order, denying the claim for the minority status on a finding that the school is an aided school, established for educational upliftment of the entire people in that locality and the same was not established and administered by and on behalf of a particular Community only. The legality of the reasons, by which the Government denied the recognition of the minority status is under challenge in this Writ Petition. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

(2.) The sum and substance of the arguments advanced by the learned counsel for the petitioner is that though, the petitioner has produced all the documents, which would show that the school was established by Nuns, even before the commencement of the Kerala Education Act and Rules and since the establishment of the school is being administered by minorities only, the Government has not considered those documents and dismissed the petition and rejected the claim on a finding that the petitioner could not prove that the school was established for the educational upliftment of the said minority community only and the said school is an aided school established to cater the educational needs of the entire people in that locality.

(3.) Per contra, the learned Government Pleader advanced arguments to justify the reasons, whereby the Government rejected the claim for minority status. According to him, the petitioner failed to prove that the school was established by minority group and the school is being administered by persons having minority status.