POPE JOHN PAUL Vs. PERMANENT ADMISSION COMMITTEE

JUDGEMENT

(1.) THE writ petition is filed for issuance of a Writ of Certiorarified Mandamus calling for the records of the respondents, relating to the order of the first respondent dated 26. 7. 2004 confirming the order of the second respondent in No. 61710/edn. Sectt. /e3/2003 dated 26. 2. 2004 fixing the management quota of seats as 50% and quash the same and directing the respondents to fix 70% of seats for admission in management quota for the courses namely Bachelor of Education Integrated - 4 years course, Master of Education - 1 year course, Bachelor of Education - 1 year course and M. C. A in the petitioner college.

(2.) THE petitioner is Pope John Paul II College of Education. It is stated in the writ petition that the petitioner college is run by the Roman Catholic Arch Diocese of Pondicherry and it is a minority institution approved by the orders of this Court dated 24. 9. 1976 in W. P. No. 593/1975. It is stated that the Roman Catholic Arch Diocese of Pondicherry and Cuddalore runs as many as 2 colleges, 86 Primary Schools, 21 Middle Schools, 17 High Schools and 14 Higher Secondary Schools educating about 25,000 students every year and there is only one Teacher Training College for the entire Arch Diocese of Pondicherry and Cuddalore catering to a catholic population of about three lakhs. It is stated that the petitioner institution offers the following courses namely, Bachelor of Education-Integrated-4 years course, Master of Education - 1 year course, Bachelor of Education - 1 year course and M. C. A. course catering to the Christian population belonging not only in Pondicherry State but also students of Villupuram and Cuddalore Districts. It is further stated that since there are very few catholic unaided minority colleges in Pondicherry and Tamil Nadu, the petitioner institution was obliged to give admission to the students of whole of Tamil Nadu. It is also stated that the petitioner submitted a proposal to the Government of Pondicherry that the Management of the petitioner institution, which is a minority institution, may be allowed to admit 80% of students belonging to the minority community and the Government of Pondicherry, by its order in No. 61710/edn. Sectt/e3/2003 dated 26. 2. 2004 declined the request of the petitioner and directed that the minority institution could admit only 50% students. The petitioner institution referring to the judgment of the Hon'ble Supreme Court of India in Islamic Academy of Education And Another V. State of Karnataka reported in 2003 6 Scale Pg. 697 made a representation to the Chairman of the First Respondent Committee (hereinafter referred to as the "admission Committee) for increase of seats from 50% to 80%. The petitioner has referred to the order of the Admission Committee dated 26. 7. 2004 rejecting the request of the petitioner for increase of seat from 50% to 80%. According to the petitioner, the order of the Admission Committee dated 26. 7. 2004 is against the ruling of the Supreme Court in Islamic Academy of Education's case (cited supra) and the fixation of management quota treating the petitioner institution on par with the other unaided non-minority institutions is violative of Article 14 of the Constitution of India. The petitioner states that the management quota has to be fixed taking into consideration the nature of the institution and its requirement and not the requirements of the state and the Admission Committee has not taken into consideration the fixation of seat matrix for management quota in other States namely, State of Tamil Nadu, State of Maharashtra and State of Andhra Pradesh. It is also stated that the Admission Committee was not correct in holding that the petitioner institution is not a minority institution and the decision has been arrived at without taking into consideration the relevant materials on record. Hence, the writ petition has been filed challenging the order of the Admission Committee.

(3.) THE second respondent has filed a counter affidavit and according to the second respondent, the petitioner institution has not been recognized by the Union Territory of Pondicherry as a minority institution. The Government of Union Territory of Pondicherry has not conferred on the petitioner the minority status. It is stated that after taking note of the local needs and taking the Union Territory of Pondicherry as a unit for determining the local needs, 50% of the seats in every professional college was earmarked to be filled by the management of the college itself and the remaining 50% based on counselling by the Centralised Admission Committee (CENTAC) subject to guidelines issued by the administration. The order dated 24. 9. 1976 in W. P. No. 593/1975 of this Court, on which the petitioner has relied upon, has no application to the case of the petitioner college since the college itself was established in the year 1986. It is also stated that the total Christian population in Union Territory of Pondicherry as per 1991 census was only 58,000 and the Government of Pondicherry has not made any distinction between minority and non-minority institutions based on the local conditions and as per G. O. Ms. No. 123 dated 31. 12. 2002 and G. O. Ms. No. 41, Chief Secretariat (Education) dated 29. 3. 2004, every college is entitled to 50% seats as management quota. In the judgment in Islamic Academy of Education's case (cited supra) relied upon by the petitioner, in paragraph 19, the word "need' would mean only the need of the entire Christian population within the Union Territory of Pondicherry and the "respective State Governments" means the Union Territory of Pondicherry and it is empowered to fix the ratio based on the Christian population in the Union Territory of Pondicherry and according to the second respondent, it is not necessary to take into consideration the entire Christian population throughout India. It is stated that the Admission Committee has considered the claim of the petitioner for enhancing the management quota and the conditions prevailing in other States cannot be pressed into service to claim 70% of the management quota by the petitioner. It is also stated that the petitioner has made an application to the Government of Pondicherry for conferment of minority status and the said application is pending. The second respondent has referred to W. P. No. 19766 of 2002 filed by the petitioner challenging the G. O. passed by the Government of Pondicherry making allocation of seats for admission at the rate of 50:50 where after the counter affidavit was filed to the effect that the petitioner institution is not a minority institution, the petitioner withdrew the writ petition. The second respondent also states that the reference to the letter said to have been written by the Officer of the Department admitting minority status is absolutely irrelevant and that it is only a mistake and such a letter would not confer any status of minority on the petitioner institution. It is also stated that the claim for 70% for management quota was not made in the earlier two writ petitions filed by the petitioner and the present claim of the petitioner is in violation of the order of this Court. The second respondent has also enclosed a letter of the petitioner to the Convenor, CENTAC dated 9. 8. 2004 and it is stated that the admission of the students @ 50:50 in the first year course is completed on the basis of 50:50 ratio between the Government and the petitioner institution.