2025:KER:29560 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 41331 OF 2024 PETITIONER: ST. FRANCIS EDUCATIONAL SOCIETY CHENGALAM EAST P. O, KOTTAYAM, REPRESENTED THROUGH ITS SECRETARY, PIN - 686585 BY ADVS. JOSE ABRAHAM E.ADITHYAN MANAS P HAMEED MURALEEDHARAN R. IPSITA OJAL RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM., PIN - 695001 2 DIRECTOR DIRECTORATE OF MINORITY WELFARE, GOVT. OF KERALA, 4TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM DT., KERALA, PIN - 695033 BY ADV. SRI. PREMCHAND R. NAIR, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.04.2025, ALONG WITH WP(C).8685/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29560 WP(C) Nos.41331/2024 & 8685/2025 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 8685 OF 2025 PETITIONER: BETHANY ENGLISH MEDIUM SCHOOL VATALAKKI, ATTAPADY, PALAKKAD, REPRESENTED THROUGH ITS GENERAL SECRETARY, DR K MURALIDAR, PIN - 641108 BY ADVS. JOSE ABRAHAM E.ADITHYAN MURALEEDHARAN R. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM., PIN - 695001 2 DIRECTOR DIRECTORATE OF MINORITY WELFARE, GOVT. OF KERALA,4TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM DT., KERALA., PIN - 695033 2025:KER:29560 WP(C) Nos.41331/2024 & 8685/2025 3 BY ADV. SRI. PREMCHAND R. NAIR, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.04.2025, ALONG WITH WP(C).41331/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29560 WP(C) Nos.41331/2024 & 8685/2025 4 JUDGMENT Dated this the 4th day of April, 2025 [W.P.(C) Nos.41331/2024 & 8685/2025] These writ petitions are filed by Educational Institutions. Their applications for NOC for obtaining minority status have been rejected on the ground that the number of students belonging to the particular minority community is too small to grant an NOC. 2. The petitioners submit that in Ext.P3 judgment in W.P.(C) No.41331/2024 at paragraph 9, this Court has held that the lesser number of student strength of the minority community in an educational institution cannot be a ground to decline NOC for minority status. 3. However, the applications of the petitioners for NOC stand rejected as per Exts.P2 order (in W.P.(C) No.41331/2024) and as per Ext.P4 order (in W.P.(C) No.8685/2025). 2025:KER:29560 WP(C) Nos.41331/2024 & 8685/2025 5 4. I have heard the learned counsel for the petitioners and the learned Senior Government Pleader representing the respondents. 5. A reading of Exts.P2 and P4 would indicate that the authority, which passed the orders, has not adverted to the law laid down by this Court in Ext.P3 judgment in W.P.(C) No.41331/2024. For that reason, Exts.P2 and P4 are liable to be set aside and the applications submitted by the petitioners are liable to be reconsidered. The writ petitions are accordingly disposed of setting aside Exts.P2 and P4 respectively and directing the 2nd respondent to reconsider the issue and take a decision afresh in the light of Ext.P3 judgment in W.P.(C) No.41331/2024, within a period of two months. Sd/- N.NAGARESH JUDGE spk 2025:KER:29560 WP(C) Nos.41331/2024 & 8685/2025 6 APPENDIX OF WP(C) 41331/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION FOR NOC DATED 29-05-2024 Exhibit P2 TRUE COPY OF THE ORDER NO.MWD/683/24- MSC ISSUED BY THE DIRECTOR, DIRECTORATE OF MINORITY, GOVERNMENT OF KERALA DATED 31-07-2024 Exhibit P3 TRUE COPY OF THE CONNECTED CASES OF JUDGMENT DATED 01-02-2023 IN WP(C) NO. 8642 OF THE HONOURABLE COURT 2025:KER:29560 WP(C) Nos.41331/2024 & 8685/2025 7 APPENDIX OF WP(C) 8685/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER SCHOOL BEFORE THE SECOND RESPONDENT DATED 7/10/2023 Exhibit P2 TRUE COPY OF THE APPLICATION FOR NOC DATED 7TH DAY OF OCTOBER 2023 Exhibit P3 TRUE COPY OF THE ORDER NO..MWD/683/24- MSC ISSUED BY THE DIRECTOR, DIRECTORATE OF MINORITY, GOVERNMENT OF KERALA DATED 31-07-2024 ISSUED BY THE DIRECTOR, DIRECTORATE OF MINORITY, GOVERNMENT OF KERALA DATED 31-07-2024 Exhibit P4 TRUE COPY OF THE ORDER NO.MWD/1382/2023 PASSED BY THE SECOND RESPONDENT DATED 3RD DAY OF FEBRUARY 2025 Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE JUDGMENT OF THE HONORABLE KERALA HIGH COURT IN WP NO. 8642 AND 22570 OF 2022 AND OTHER CONNECTED CASES DATED 01-02- 2023