YOUNUS KUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) A short controversy, relating to admission of students to an aided training school, remains to be resolved in this appeal. The academic year has commenced; the admissions can no longer wait; the dispute thus requires to be settled without any further delay.

(2.) The appellant is the Manager of an aided training school governed by the Kerala Education Act and the Rules made thereunder. The rules regulate admission and twenty per cent of the seats alone are reserved for selection by the Managers of these aided institutions while sixty per cent of the seats are filled by selection through the Public Service Commission and twenty per cent by deputation of untrained teachers in Government schools. This statutory restriction is challenged by the appellant on the ground that it offends bis fundamental right under Art.30(1) of the Constitution. He claims that he is the Manager of an educational institution established and administered by a minority community and R.6, 7 and 8 in Chapter XXV of the rules (K.E R. for short) are inapplicable to him and his training school. The Government on the other hand refute bis claim and assert that the appellant's school was never treated or declared as a minority institution by the Government or the Education Department. A learned Judge of this Court held that the appellant has not proved by evidence or circumstances that his school is a minority institution and dismissed his claim. The appeal is against this decision.

(3.) On 28th February, 1963, the Government sanctioned a new private training school at Quilon, the Imam Hussain Memorial Basic Training School, in the name of Haji M. Abdul Majeed Sahib, President, Mila-de-Sheriff Committee, Quilon. Haji M. Abdul Majeed died in 1972. There was some dispute regarding change of management as a claim was made by the Muslim Educational Society, Quilon, stating that it bad obtained assignment of the management rights from Haji Abdul Majeed before his death, based on an unregistered deed written on stamp paper. This dispute could not be settled and there was no Manager recognised by the Department. The recognition of the school was, therefore, withdrawn by the Deputy Director on 29-5-1973; but the Government promptly stayed the order on 16-6-1973. Almost a year thereafter, the stay was vacated on 26-4-1974; but meanwhile, all the training schools in the State remained closed till 1977 and this school also did not function all these years. The school reopened in 1977, and the Government authorised the District Educational Officer to function as Manager till the management dispute was settled. The Government, eventually by order dated 26-10-1978 held "the school belongs to a corporate Educational Agency, the Mila-de-Sheriff committee. Now this Committee is represented by its President, Shri Yoonus Kunju (the appellant) and he is to be recognised as the Manager of the School" and the earlier order withdrawing the recognition was cancelled. (Ext. P30). Two Writ Petitions, OP No. 3818 of 1978 and OP No. 362 of 1979, filed by the Muslim Educational Society and its Branch Office at Quilon, were dismissed ia July, 1984. When in the next academic year, 1985, admissions had to commence, the appellant informed the authorities that it was proposed to fill all the 40 seats available in the school by candidates selected by the management and requested that no candidate selected by the Government may be sent or deputed to this school. The Government, however, took the firm stand that the appellant's institution was not established for the benefit of any particular minority community and could not be treated as a minority institution 'in the absence of conclusive proof thereon'. Refusal by the management to admit the Government sponsored candidates, naturally provoked the authorities to issue notice to show cause why the recognition to the appellant's school should not be withdrawn. The appellant showed cause; but swift action followed. The teacher in charge of admission was suspended in July 1986, a senior teacher was directed to be in charge of admission, and orders were issued declaring that the 32 oat of the 40 admissions made by the Manager were unauthorised and directing their names to be removed from the rolls (Ext. P24). Orders were also issued disqualifying the appellant as the Manager of the School, de-recognising the school for the year 1987-88 and for the closure of the school from 1988-89 onwards. At the moment, we are not concerned with the admissions made in the previous years, but, only with the admissions for the year 1988-89 as the admissions for the earlier years are all covered by interim orders issued by this Court from time to time and the final directions issued by the learned Judge while disposing of the Original Petition. Those orders have worked themselves out and also do not require to be reopened.