Meril Joseph Kallupurackal Holy Trinity, Haripad P.O. Alappuzha vs State of Kerala and Others

Thottathil B. Radhakrishnan, J.—The petitioner applied in terms of Ext.P2 prospectus for admission to MBBS course in the third respondent college. She contends that in terms of clause VI A Annexure 1.B, she is eligible to be treated as against a management quota seat. Admittedly, she does not belong to SIUC or CSI among Christians. Annexure 1.B provides that 50 management seats are to be allotted following the pattern set up under that Annexure in clause VI A. We do not see that the identity of the group of persons to whom such allotments have to be made is on the basis of any differentia fixed on minority status, either on account of religion or on linguistic grounds. What is conceived in that provision is "management quota" which the management themselves have decided to confine to be only to members belonging to SIUC or other branches within the CSI. Certain accommodations are made for non SIUC but CSI students. They have also made provisions for dependents or former employees of institutions under CSI etc. We do not see that the identity of the management quota is dependent on any basis treating Christians as a lot homogeneous or as religious minority. We have to maintain a clear dichotomy between the concept of religious and linguistic minority as envisaged in the Constitution and the manner in which Annexure 1.B under clause VI A of Ext.P2 is couched. With this, we cannot but repel the contentions of the petitioner in this regard. More importantly, we may note that the petitioner applied and participated in the selection process in terms of Ext.P2, and thereafter, is now turning around to challenge it. In so far as matters relating to admissions are concerned, prospectus is the gospel or magna carta and except in exceptional situations of gross perversity or arbitrariness, the courts would to the step in, to visit the terms of the prospectus. The petitioner has acquiesced with the terms of Ext.P2. On this ground also, the writ petition fails.

In the result, this writ petition is dismissed.