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Judgment
A.Muhamed Mustaque, J.
Admit.
Issue notice to the 5th respondent by Speed Post. The learned Government Pleader takes notice for the other respondents.
This writ petition is filed as a Public Interest Litigation by an organization by name, Citizens Organisation for Democracy Equality Tranquillity and
Secularism/Cadets through its Secretary, challenging the Kerala Madrassa Teachers Welfare Fund Act, 2019. According to the petitioner the very
enactment itself is offending to the fundamental principles cherished under the Constitution namely secularism. It is submitted by the learned counsel
Sri. C.Rajendran appearing for the petitioner that the State itself cannot identify one religion and provide welfare measures expending from State
Exchequer to the religious teachers of one religion.
The learned Government Pleader Shri Surin George Ipe opposed the prayer and maintainability of the writ petition. He pointed out that without
producing any registration of the Association and proving the right of the petitioner to represent the Association, such writ petition is not maintainable.
The learned Counsel Sri. C. Rajendran submits that he is prepared to produce the registration certificate as well as the byelaws of the Association
by next posting. The said submission is recorded. In the meanwhile, this bench would also like to know whether any contributions have been made by
the State Exchequer to the corpus of welfare fund of the Madrassa Teachers. For instructions in the matter, we adjourn this matter by four weeks.
Post on 21/6/2021.