f. no. 1235 of 2017 national commission for...

F. NO. 1235 OF 2017

NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

Present: Mr. Jose Abraham, Advocate for the petitioner. None for the respondent.

This is a batch of 02 cases filed by the educational institutions

mentioned therein for grant of minority status certificates on the ground

that they have been established and are being administered by the Chakai

Parish Society. Other case has been registered as Case No. 1236 of

2017. Since a common question of law and fact is involved in both the

cases, they can be disposed of by a common order. It is, therefore,

ordered that the record of 1236 of 2017 be tagged with the record of this

case, which is being treated as the lead case.

Learned counsel for the petitioner has filed the certified copies of

the Certificate of Registration, Memorandum of Association, Rules &

Regulations, amended Memorandum of Association, amended Rule &

Regulations and list of Members for 2017-18 of the Chakai Parish Society.

He has filed the affidavits of the Kurien Valiakandathil in support of

the averments made in the petitions and also to prove that the

beneficiaries of the petitioner institutions are members of the Christian

community.

He has filed original certificates issued by the Prakhand Shiksha

Padadhikari, Jamui in both the cases.

He has also filed the unique ID No. BR/2017/0159897 of the

petitioner society as given by the Niti Aayog portal NGO Darpan.

The petitioner is directed to file some additional documents

regarding recognition of the petitioner institutions.

List on 17.8.2018.

DR. BALTEJ SINGH MANN

MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

F. NO. 1237 OF 2017



Present: Mr. Junais P., Advocate for the petitioner. None for the respondent.

Learned counsel for the petitioner has filed his Vakalatnama.

He has produced the original order dated 15.7.2017 issued by the

District Elementary Educational Officer, Madurai, which after due

verification was returned to him. The said order is in Tamil language.

English translation thereof duly notarized by the Notary Public has been

filed.

He has filed the original certificate issued by the Assistant

Elementary Educational Officer, Madurai certifying that the petitioner

institution is a recognized institution. He has also filed a comprehensive

affidavit of Mr. R. Arun in support the averments made in the petition.

He has produced the original burial certificates of Mr. S. Rajendran

and Mr. J. Selvaraj, father and grand-father of Mr. R. Arun to prove that he

belong to Christian community.

Issue final notice to the respondent to file reply on or before the

next date of hearing.

List on 13.7.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

F. NO. 1238 OF 2017



Present: Fr. Joseph for the petitioner. Mr. Jai Singh Rana for the respondent.

Fr. Joseph is directed to file a copy of the petition to the State

competent authority and submit proof on the next date.



List on 29.11.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

F. NO. 1239 OF 2017



Present: Mr. Sebastian P.V. for the petitioner. Mr. Jai Singh Rana for the respondent.

Mr. Jai Singh Rana has filed reply, copy of which is furnished to the

petitioner for filing rejoinder, if any.

The petitioner is directed to file a copy of the petition to the State


List on 29.11.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

F. NO. 1240 OF 2017



Present: Mr. Sayid Marzook for the petitioner. Mr. G. Prakash, Advocate for the respondent.

Learned counsel for the respondent has filed letter dated 30.9.2016

issued by the General Educational Department, Kerala. He assures to file

instruction of the State Government for appearing in the Kerala matters.



Learned counsel for the respondent is directed to file reply on or

before the next date.

List on 30.7.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

F. NO. 1242 OF 2017



Present: Mr. Sayid Marzook for the petitioner. Mr. G. Prakash, Advocate for the respondent.

Learned counsel for the respondent has filed letter dated 30.9.2016

issued by the General Educational Department, Kerala. He assures to file

instruction of the State Government for appearing in the Kerala matters.



Learned counsel for the respondent is directed to file reply on or

before the next date.

List on 30.7.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

F. NO. 1241 OF 2017



Present: Mr. Sayid Marzook for the petitioner. None for the respondent.

Learned counsel for the petitioner seeks an adjournment, which is

granted in the interest of justice.

List on 30.7.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

F. NO. 122 OF 2018



Present: Mr. Preetam Mehta for the petitioner. None for the respondent.

Mr. Preetam Mehta is directed to file a copy of the petition to the

State competent authority and submit proof on the next date.



List on 12.9.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

F. NO. 123 OF 2018








List on 12.9.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

F. NO. 124 OF 2018








List on 12.9.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

F. NO. 1022 OF 2017



Present: Mr. Zaheer Ahmad for the petitioner. None for the respondent.

Mr. Zaheer Ahmad has produced the original Certificate of

Registration of the Azmi Educational Society and the original order dated

4.4.2016 issued by the Regional Secretary, Madhyamik Shiksha Parishad,

which after due verifications were returned to him.

He is directed to file a copy of the petition to the State competent

authority and submit proof on the next date.



List on 16.7.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

F. NO. 266 OF 2017



Present: None for the petitioner. Mr. G. Prakash, Advocate for the respondent.

Issue final notice to the petitioner for filing amended petition in the

prescribed format.

List on 29.11.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

F. NO. 267 OF 2017



Present: None.


prescribed format.

List on 29.11.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

F. NO. 327 OF 2017



Present: None.


prescribed format.

List on 29.11.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

F. NO. 347 OF 2017



Present: Mr. Junais P., Advocate for the petitioner.

Learned counsel for the petitioner has filed his Vakalatnama. He

has also filed amended petition in the prescribed format.

Issue notice to the respondent. The petitioner is directed to

produce original documents on the next date.

List on 29.11.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

F. NO. 349 OF 2017




Learned counsel for the petitioner has filed his Vakalatnama. He

has also filed amended petition in the prescribed format.



List on 29.11.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

F. NO. 368 OF 2017



Present: Mr. Jose Abraham, Advocate for the petitioner.

Learned counsel for the petitioner has filed amended petition in the

prescribed format.



List on 29.11.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

F. NO. 373 OF 2017



Present: Mr. Jose Abraham, Advocate for the petitioner.

Learned counsel for the petitioner has filed amended petition in the

prescribed format.



List on 29.11.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

F. NO. 416 OF 2017




Learned counsel for the petitioner has filed the certified copies of

the renewed Certificate of Registration, amended Memorandum of

Association, amended Rules & Regulations and list of present members of

the Chhatrapati Shahu Ji Maharaj Sewa Sansthan.


next date.

List on 10.7.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

APPEAL No. 04 OF 2018




Issue notice to the respondent to apprise the Commission about the

status of the petitioner’s application for NOC.

List on 12.9.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

F. NO. 346 OF 2017



Present: Mr. Junais P., for the petitioner. None for the respondent. Despite service of notice, there is no appearance on behalf of the

respondent. Hence, the case is proceeded ex-parte.

Learned counsel for the petitioner has filed certified copies of the

unamended Memorandum of Association and unamended Rules &

Regulations of Shri Krishna Sudama Sansthan Society.

This case emanates from U.P. The Division Bench of the Allahabad

High Court has rendered a decision in Special Appeal No. 903 of 2006

decided on 24.08.2006 declaring that the State Government does not have

power to issue minority status certificate to a minority institution. In this view

of the matter, it is a fit case for intervention by this Commission.

The petitioner institution has applied for grant of minority status

certificate on the ground that the same has been established by Shri Krishna

Sudama Sansthan Samiti, which is a registered society, constituted by the

majority members of the Jain community. Out of 09 founding members, 08

are from the Jain community and out of 08 present members, 07 are also

from the Jain community. The aforesaid averments made in the petition find

ample corroboration from the documentary evidence produced on behalf of

the petitioner institution and the affidavit of Shri Rajesh Kumar Jain.

The amended Memorandum of Association of the said Society clearly

reflects that the beneficiaries of the petitioner institution are members of the

Jain community. In addition, the said fact also stands proved from the affidavit

of Shri Rajesh Kumar Jain. There is no document on record to rebut the

documentary evidence produced on behalf of the petitioner institution.

We have already held in the Case No. 1320 of 2009 (Buckley Primary

School vs. The Principal Secretary to Government, School & Mass Education

Department, Government of Orissa) decided on 06.07.2010 that the

identifying criteria of fixation of the percentage by the State Government

governing admission of a minority community in a minority education

institution cannot be included in the indicia for determining the minority status

of such an institution.

Relying on the said unrebutted evidence produced on behalf of the

petitioner, we find and hold that Dr. Vijay Ayurvedic Medical College, Hospital

& Research Centre, Village Bhandaha Kala, Kaithi, Varanasi, Uttar Pradesh-

221 116 run by Shri Krishna Sudama Sansthan Samiti is eligible for grant of

minority status on religious basis. The evidence also proves that the said

educational institution was established with the main objective of sub-serving

the interests of the Jain community. Consequently, Dr. Vijay Ayurvedic

Medical College, Hospital & Research Centre, Village Bhandaha Kala, Kaithi,

Varanasi, Uttar Pradesh- 221 116 is declared as a minority educational

institution within the meaning of Section 2(g) of the National Commission for

Minority Educational Institutions Act. A minority status certificate be issued

accordingly.


MEMBER

DR. NAHEED ABIDI

MEMBER

3.5.2018 MD

f. no. 1235 of 2017 national commission for...

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