VICAR, ST. THOMAS CATHEDRAL Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext. P7 order passed by the State Government dated 24.05.2010, whereby the request made by the petitioner seeking to shift the LP School from the premises of the Church compound, wherein standards V to XII are also functioning and for other related and consequential reliefs. Apparently, after the dismissal of the relief sought for by the petitioner, petitioner has again submitted Ext. P9 representation, which was also pending before the Government on and with effect from 20.07.2013, however, the same was not considered by the Government and thereupon petitioner has filed W.P.(C) No. 17274/2009 before this Court and by virtue of the directions issued by this Court, the application submitted by the petitioner was considered and Ext. P7 order was passed. In Ext. P7, it is stated that the Vicar of the St. Thomas Cathedral, Irinjalakuda as per Ext. P1 representation requested the Government to close down/shift Mukundapuram Government LPS functioning in the building situated in 10 cents of land within the compound of St. Thomas Cathedral, Irinjalakuda. The building was leased to the Government for establishing and functioning the school. It was also pointed out by the petitioner that, the pupil strength of the school has gone down drastically and there are two other Government schools and two aided schools within 1 Km of the vicinity of the church. Therefore the sum and substances of the contention put forth by the petitioner was that, the school was on the verge of closure and moreover the Church is badly in need of the building and the premises of the school. The Assistant Educational Officer, Irinjalakkuda has submitted a report that, majority of the pupils studying in the school are hailing from poor families residing in the nearby colony adjacent to the school. Though there are two LP Schools and one High School within the vicinity of the church, the students from the adjacent colony and the surrounding areas will have to discontinue their studies in case of closure of the school. The DPI has endorsed the above views of the Assistant Educational Officer. Moreover the Irinjalakkuda Municipal Council, which met on 08.06.2009 has decided to retain the school within the compound of St. Thomas Cathedral, Irinjalakkuda. It was after elaborately considering and taking into account the relevant inputs that were available Government have examined the matter in detail and found it necessary to continue the functioning of the school within the compound of St. Thomas Cathedral, Irinjalakkuda, to ensure opportunity of education to the students at large and especially hailing from poor families in the locality and therefore ordered accordingly. It is this order which is assailed by the petitioner. Various contentions are raised by the petitioner including that being a minority institution, the institution is vested with ample powers to administer its property and therefore when an application was submitted for shifting of the school or closure Government was duty bound to take into account the minority status of the school and ought to have allowed the same.

(2.) A detailed statement is filed by the 2nd respondent refuting the allegations, claims and demands raised by the petitioner and also justifying the stand adopted by the Government in Ext. P7 order. The 3rd respondent has also filed a detailed counter affidavit almost in similar lines.

(3.) I have heard learned counsel for the petitioner, learned senior Government Pleader and the learned Standing Counsel appearing for the Irinjalakkuda Municipality and perused the pleadings and documents on record.