HC allots 15 p.c. seats for community

KOCHI, AUG. 2.

The Kerala High Court on Thursday directed the State Government and the Commissioner for Entrance Examinations (CEE) to allot 15 per cent of the total seats in the three minority community-run self-financing engineering colleges for being filled from among the candidates belonging to the respective minority communities, in addition to 15 per cent management quota, as the court prima facie found that they were entitled to minority status.

Mr. Justice K.A. Abdul Gafoor issued the directive as an interim measure. He also ordered that these community quota be filled from the rank list prepared by the CEE.

The court declared that the managements of self-financing engineering colleges were entitled to 15 per cent of the total seats as management quota. The court opined that the private- aided engineering colleges which received aid from the Government were entitled to management quota. However, the self-financing colleges set up by the societies' fund and which did not receive any aid from the Government had been denied the quota. Therefore, the denial of 15 per cent seats in the management quota was arbitrary and illegal.

The colleges which the judge found prima facie eligible for minority status were Mar Baselious Christian College of Engineering and Technology, Peerumedu, run by the Malankara Orthodox Syrian Church, the Kanjirappally-based Diocesan Educational Trust-managed Amal Jyothi Engineering College, Koovappally, Kottayam, and the Kochi-based Rajagiri School of Engineering and Technology run by the Rajagiri Educational and Charitable Trust.

The judge prima facie found that these religious institutions were entitled to get minority status after scrutinising the trust deed of these institutions. The court was of the opinion that the trust deed revealed that they were institutions established and managed by the minority communities for the benefits of their members. Therefore, they were entitled to 15 per cent of the total seats in addition to the 15 per cent of the seats in the management quota.

As for the Baselious Christian College, the court pointed out that a Division Bench had already declared that they were entitled to minority status. Besides, the church had established various other educational institutions. Therefore, there was no reason to doubt their claims for minority status and was prima facie entitled to 15 per cent of the seats.

In the case of the Amal Jyothi Engineering College, the Educational Trust's manager was the Vicar General. The deed revealed that their basic objective was the spiritual, cultural and educational advancement of the community. The court also pointed out that the Rajagiri School of Engineering and Technology was also run by the minority community as revealed from the trust deed. Therefore, these two institutions could claim the status of a the minority institution .

The court also directed the State Government to consider the applications filed by the other five petitioners for declaring their institutions as minority institutions, before December 31. They were refused 15 per cent seats, as the court prima facie found that they were not entitled to claim minority status. As for the Mariyan Self-Financing College, Kazhakoottam, the court pointed out that the college was managed by a Thiruvananthapuram- based social service society. Such a society could be established by any person. It could not prima facie claim minority status on the sole ground that it was set up by a minority community member. As regards the National Institute of Technology and Science, Manassery, Kozhikode, it was run by a memorial charitable trust, established in memory of the mother of a managing trustee. In the case of the college established by the Association for Welfare of Handicapped Person, the objective of the Association was not the welfare of the minority communities but of the handicapped persons.

As regards the engineering college at Kolenchery run by the Dioceses Secretary, Bishop House, Kothamangalam, the court prima facie found that the objective of the trust was technical and scientific advancement of society. Any person who contributed Rs. 2 lakhs could become a hereditary trustee. As for the Mountzion College of Engineering, Kadammanitta, the court prima facie observed that the trust which run the college was established by a member and basically a welfare trust.

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