OONITTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) IN these 23 Original Petitions 25 petitioners challenge the validity of instructions issued by the Director of Public INstruction, in the matter of admission of Students to the Teachers Training Certificate Course for he period from 1989 to 1991. Petitioners claim to be educational institutions established and administered by minority communities. They are receiving aid from the State. The salary of all teaching and non-teaching staff are fully paid directly by the State. They claim the right under Article 30 (1)of the Constitution of INdia to administer the institutions of their choice. According to the petitioners, this comprehends the right of choice of students to be admitted to the Course, irrespective of any constraint imposed by the state. IN other words, they claim that they are entitled to receive applications from eligible candidates having the minimum qualifying marks and satisfying the other requirements provided for admission. It is also their submission that they are not bound to select candidates on the basis of merit and that they are entitled to admit candidates entirely from the minority communities, admission of candidates belonging to other communities being only a matter of condescension and not a matter of right of any such candidate. They also contend that rules 5,7 and 8 of Chapter XXV of the Kerala Education Rules impose restrictions abridging their above rights under Article 30 (1) of the constitution of INdia in the matter of admission of students to minority institutions; and as such, those rules are inapplicable to them. They rely on the decision of the Supreme Court reported in Sidharajbhai v. State of Gujarat, air 1963 SC 540, K. O. Varkey v. State of Kerala, 1968 KLT 815, State of Kerala v. Corporate Manager, 1970 KLT 106, and Younuskunju v. State of Kerala, 1988 (2)KLT 299.

(2.) THE first of these Original Petitions, O. P. Nos. 5996 of 1988, was filed on 26-7-1988 , seeking the issue of a writ of certiorari to quash Ext. P3, and a declaration that rules 6,7 and 8 of Chapter XXV of the Kerala Education Rules, 1959 shall not be applicable in the case of the Corporate Management of which the petitioner is the Manager. Petitioner is the Corporate Manager of the Schools of St Thomas Valiappalli, Ranni, which belongs to the Knanaya Jacobite denomination. It conducts two High Schools, an Upper Primary School and a Basic Training School. It is asserted that the Training School has been brought into existence by the Church so that qualified teachers of their choice would be available to be appointed in their schools. THE predecessor of the petitioner had filed O. P. NO. 3533 of 1982 for a declaration that rules 6,7 and 8 of Chapter XXV of the Kerala Education Rules shall not be applicable in the case of the Corporate Management Schools, of which he was the Manager. On the basis of interim orders, he could admit students to all available seats in the Training School (since re designated as teachers' Training Institute ). That Original Petition was withdrawn on the basis of a submission, that the petitioner was making a representation to the State government. A Division bench of this Court in Ext. Pl judgment dated 6-4-1988 dismissed that Original petition as withdrawn. Petitioner filed Ext. P2 representation on 12-5-1988 seeking a declaration that m. S. Teachers Training Institute, Ranni is established and administered by a minority. In Ext. PS dated 18-7-1988 , government refused such a declaration for the reason that right from 1949-50 when the School was started, it was one of general schools and not a minority institution. It was stated, that the Management had not filed any petition claiming minority protection before any of the Departmental Authorities, and that except obtaining two interim orders for two different years from this court, no declaration was obtained from this court as sought by the petitioner. Government referred to the fact that admissions were made ever since the establishment of the school excepting the two years, from the State selection list, except to the usual management quota. It was in consideration of those facts that the Government refused the declaration which the petitioner had sought. THE Original Petition was admitted on 27-7-198 8. Since there were no interim orders, petitioner had to admit candidates from the select list for the course 1988-90, except 11 seats which remained unfilled due to candidates from the select list not reporting for admission. Pursuant to the directions issued by me in CM. P. No. 13055 of 1989; petitioner has filed Ext. P7 series list of candidates selected to the Teachers Training Course during the years 1984-85 to 1988-89. In the further affidavit, he has produced Ext. P8 select list of candidates for T. T. C. Admission to 1989-1991 in the petitioner's institutions. I may have to refer to these details in the course of the judgment.

(3.) IN State of Kerala v. Manager, Corporate Management of schools of the Diocese of Palai,1970 KLJ 273, a Division Bench of this Court affirmed the judgment in O. P. No. 927 of 1966. The Division Bench therefore upheld the directions issued by the learned single judge, that "the conditions of reservation of 80 percent of the seats in aided training schools for candidates chosen by the selection committee and the Director of Public INstruction should not be applied to schools run by minorities within the meaning of Article 30 (1) of the Constitution. "