national commission for minority educational...

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS CASE NO. 1668 of 2012 19.2.2020 Stewart Science College, Cuttack, At Madhusudan Marg Mission Road, P.O. Buxi Bazar, Distt. Cuttack, Orissa.

Vs

Principal Secretary, School & Mass Education Department, Government of Orissa. Present: Mr. Sunil Pattanaik, Advocate for the petitioner. Mr. Nilakanta Nayak, Advocate for the intervener. Mr. Digambara Mishra, Advocate for respondent No. 5 to 8.

Heard learned counsel for the petitioner. Learned counsel for the

petitioner has concluded his arguments. During the arguments, learned

counsel for the Respondent No. 5 to 8 submitted that he has filed reply on

behalf of the respondent on 4.10.2012 with some documents and copy of

the reply was furnished to the learned counsel for the petitioner but the

said reply with annexures is not available on record.

Learned counsel for the respondent is directed to file a copy of the

reply with annexures.

Arguments are incomplete. At the request of the learned counsel

for the respondent, list on 26.02.2020.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH MEMBER

MD


EDUCATIONAL INSTITUTIONS CASE NO. 334 of 2015 19.2.2020 Mr. Vidit Kumar, S/o Sh. Ravindra Pal Singh, H. No. 37, Near Saraswati Shishu Mandir, Mo. Jatan, Bijnor, Uttar Pradesh.

Vs

Vardhman College, Bijnor, Uttar Pradesh. Present: None.

None appeared on behalf of both the parties.

In the interest of justice, list on 12.03.2020.


CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER MD


EDUCATIONAL INSTITUTIONS CASE NO. 08 of 2018 19.2.2020 Rehbar Ayurvedit & Unani-Tibbi Medical College, Hospital & Research Centre, Bhawanigarh, Distt. Sangrur, Punjab- 148 026.

Vs

Secretary, Higher Education Department, Government of Punjab, Mini Secretariat, Sec. 9, Chandigarh. Present: None.

None appeared on behalf of both the parties.

It transpires from the record that the petitioner institution has not

applied before the competent authority of the State Government for No

Objection Certificate.

The Hon’ble Supreme Court in Civil Appeal No. 3945 of 2018 in

case of Sisters of St. Joseph of Cluny vs. The State of West Bengal and

Ors. vide order dated 18.04.2018, has held that any person who desires to

establish a minority educational institution after the amendment Act of

2006 came into force, must apply only to the competent authority for grant

of No Objection Certificate for the said purpose.

All applications for the establishment of a minority educational

institution after the amendment Act of 2006 must go to the competent

authority set up under the statute.



CHAIRMAN

DR. NAHEED ABIDI

MEMBER


MD


EDUCATIONAL INSTITUTIONS CASE NO. 07 of 2019 19.2.2020 Dr. Raju Davis Grace International School, Grace Knowledge Village, Plavinmuri P.O., Mala, District Thrissur, Kerala.

Vs

The Secretary, General Education Department, Government of Kerala. Present: Ms. Sarah Shaji, Advocate for the petitioner. None for the respondent.

Learned counsel for the petitioner prayed some time to file certified

copies of relevant documents. Time prayed for is allowed.


JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. NAHEED ABIDI

MEMBER


MD


EDUCATIONAL INSTITUTIONS CASE NO. 08 of 2019 19.2.2020 St. Philip Neri Convent School, Parambil, P.O. Cheruvatta, District Kozhikode, Kerala.

Vs






CHAIRMAN

DR. NAHEED ABIDI

MEMBER


MD


EDUCATIONAL INSTITUTIONS CASE NO. 09 of 2019 19.2.2020 Chavara English Medium School, Thamarassery, District Kozhikode, Kerala.

Vs


Learned counsel for the petitioner submitted that she has filed all

the certified copies of the relevant documents before the Commission’s

office on 13.2.2020.

Office is directed to place on record the documents filed by the

petitioner.

List on 16.09.2020.


CHAIRMAN

DR. NAHEED ABIDI

MEMBER


MD


EDUCATIONAL INSTITUTIONS CASE NO. 10 of 2019 19.2.2020 Gateway International School, No. 2/ 664, Rangareddy Garden, ECR Neelankarai, Chennai, Tamil Nadu.

Vs

The Principal Secretary, School Education Department, Government of Tamil Nadu. Present: Ms. Sarah Shaji, Advocate for the petitioner. None for the respondent.

Learned counsel for the petitioner submitted that she has filed all

the certified copies of the relevant documents before the Commission’s

office on 14.2.2020.

Office is directed to place on record the documents filed by the

petitioner.

List on 16.09.2020.


CHAIRMAN

DR. NAHEED ABIDI

MEMBER


MD


EDUCATIONAL INSTITUTIONS CASE NO. 133 of 2019 19.2.2020 Darul Quran Academy (Madrasa), Alathiyor P.O., Tirur, Malappuram, Kerala.

Vs

The Secretary, General Education Department, Government of Kerala. Present: Mr. Prasanth Kulambil, Advocate for the petitioner. None for the respondent.

List for arguments on 09.07.2020.


DR. NAHEED ABIDI

MEMBER


MD


EDUCATIONAL INSTITUTIONS CASE NO. 190 of 2019 19.2.2020 Darul Quran Residential School, Alathiyoor P.O., Tirur, Malappuram, Kerala.

Vs

The Secretary, General Education Department, Government of Kerala. Present: Mr. Prasanth Kulambil, Advocate for the petitioner. None for the respondent.

List for arguments on 09.07.2020.


CHAIRMAN

DR. NAHEED ABIDI

MEMBER


MD


EDUCATIONAL INSTITUTIONS CASE NO. 425 of 2019 19.2.2020 IPS Academy, Knowledge Village, Rajendar Nagar, A.B. Road, Indore, Madhya Pradesh.

Vs

The Secretary, Backward Classes and Minority Welfare Department, Government of Madhya Pradesh, Mantralaya, Bhopal, Madhya Pradesh. Present: Mr. Prasanth Kulambil, Advocate for the petitioner. None for the respondent.

Order dictated separately and pronounced.

Consequently, IPS Academy, Knowledge Village, Rajendra Nagar,

A.B. Road, Indore, Madhya Pradesh- 452 012 run by Indore Education

and Services Society is declared as a minority educational institution

covered under Article 30 of the Constitution of India within the meaning of

Section 2(g) of the National Commission for Minority Educational

Institutions Act, 2004. A minority status certificate be issued accordingly.

In view of the above, the present petition is disposed of accordingly.


DR. JASPAL SINGH

MEMBER MD


EDUCATIONAL INSTITUTIONS CASE NO. 426 of 2019 19.2.2020 IPS Academy, School of Architecture, Hukmakhedi, Rajendra Nagar, A.B. Road, Indeore, Madhya Pradesh.

Vs

The Secretary, Backward Classes and Minority Welfare Department, Government of Madhya Pradesh, Mantralaya, Bhopal, Madhya Pradesh. Present: Mr. Prasanth Kulambil, Advocate for the petitioner. None for the respondent.

Order dictated separately and pronounced.

Consequently, IPS Academy, School of Architecture, Hukmakhedi,

Rajendra Nagar, A.B. Road, Indore, Madhya Pradesh- 452012 run by

Indore Education and Services Society is declared as a minority

educational institution covered under Article 30 of the Constitution of India

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

Educational Institutions Act, 2004. A minority status certificate be issued

accordingly.

In view of the above, the present petition is disposed of accordingly.


CHAIRMAN


MD


EDUCATIONAL INSTITUTIONS CASE NO. 633 of 2019 19.2.2020 Sacred Heart Convent School, Pak Dil Nagar, Mari Gorh Singh, P.O. Bhikhiwind, Tarn Taran, Punjab.

Vs

Director of Public Instruction (S.E), Punjab Block E, Vidya Bhawan, 4th Floor Complex Punjab School Education Board, Sector 62, S.A.S. Nagar, Punjab. Present: Mr. Prasanth Kulambil, Advocate for the petitioner. Mr. Harvinder Singh for respondent.

In compliance of registered notice issued to the respondent, Mr.

Harvinder Singh appeared on behalf of the respondent.

He has filed Memo No. 25/11-19 Sec. Edu. (6) dated 18.2.2020,

which is taken on record. He is directed to supply a copy of the said

Memo to the learned counsel for the petitioner.



List on 16.09.2020.


CHAIRMAN

DR. NAHEED ABIDI

MEMBER


MD


EDUCATIONAL INSTITUTIONS CASE NO. 634 of 2019 19.2.2020 Bal Bharti Public School, K-66/12, Nawab Ki Dehori, DAV College Road, Narharpura, Lohatia, Varanasi, Uttar Pradesh.

Vs

Additional Chief Secretary, Department of School Education, Government of Uttar Pradesh, Bahu Khandi, Secretariat, Lucknow, Uttar Pradesh. Present: Mr. Prasanth Kulambil, Advocate for the petitioner. None for respondent.

Despite service of registered notice, none appeared on behalf of

the respondent.

Learned counsel for the petitioner filed six documents before the

Commission’s office on 5.11.2019, which are taken on record.



CHAIRMAN

DR. NAHEED ABIDI

MEMBER


MD


EDUCATIONAL INSTITUTIONS CASE NO. 635 of 2019 19.2.2020 K.H. Memorial English Medium Madrassa, Manjakulam, Palakkad, Kerala.

Vs

Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala- 695 001. Present: Mr. Prasanth Kulambil, Advocate for the petitioner. None for respondent.

Despite service of registered notice, none appeared on behalf of

the respondent.





CHAIRMAN

DR. NAHEED ABIDI

MEMBER


MD


EDUCATIONAL INSTITUTIONS

19.02.2020. St. Joseph's Higher Secondary School, Peravoor, Thondiyil P.O., Kannur District, Kerala - 670673.

Vs. Secretary, General Education Deptt., Govt. of Kerala, Thiruvananthapuram, Kerala. Present: Ms. Sarah Shazi, Advocate for the petitioner.

An application for grant of minority status certificate to St.

Joseph's Higher Secondary School, Peravoor, Thondiyil P.O., Kannur

District, Kerala - 670673 has been received by hand on 17.01.2020

from the petitioner mentioned above. It be registered.

It transpires from the petition that on 20.09.2019, the petitioner

has applied for grant of No Objection Certificate to the State

Competent Authority i.e. Secretary, General Education Deptt., Govt. of

Kerala, Thiruvananthapuram, Kerala, which was received by the

respondent on 23.09.2019. The said petition is still pending. The

petitioner has waited sufficiently for a period of 90 days before filing

this petition.

The petitioner has already filed the proof of delivery of the

registered AD sending to the respondent.

In this case, office has reported that the recognition certificate

filed by the petitioner with this petition is not in proper format.

This application for grant of Minority Status Certificate has filed

by Fr. Mathew Sasthampadavil, Corporate Manager on behalf of the

Corporate Educational Agency Archdiocese of Thalassery but no any

documentary proof has filed in his favor with this petition.

Learned counsel for the petitioner has prayed for some time to

file some documents. Time prayed for is allowed.



DR. NAHEED ABIDI MEMBER


Ash.



19.02.2020. Marygiri Higher Secondary School, Therthally, Therthally P.O., Kannur District, Kerala - 670571.

Vs. Secretary, General Education Deptt., Govt. of Kerala, Thiruvananthapuram, Kerala.

Present: Ms. Sarah Shazi, Advocate for the petitioner.

An application for grant of minority status certificate to Marygiri

Higher Secondary School, Therthally, Therthally P.O., Kannur District,

Kerala - 670571 has been received by hand on 17.01.2020 from the

petitioner mentioned above. It be registered.







this petition.















Ash.



19.02.2020. Sacred Heart Higher Secondary School, Angadikadavu, Angadikadavu P.O., Kannur District, Kerala - 670706.


An application for grant of minority status certificate to Sacred

Heart Higher Secondary School, Angadikadavu, Angadikadavu P.O.,

Kannur District, Kerala - 670706 has been received by hand on

17.01.2020 from the petitioner mentioned above. It be registered.







this petition.













CHAIRMAN



Ash.



19.02.2020. St. Joseph's Higher Secondary School, Kunnoth, Kilianthara P.O., Kannur District, Kerala - 670706.


An application for grant of minority status certificate to St.

Joseph's Higher Secondary School, Kunnoth, Kilianthara P.O., Kannur

District, Kerala - 670706 has been received by hand on 17.01.2020

from the petitioner mentioned above. It be registered.







this petition.













CHAIRMAN



Ash.



19.02.2020. Madarsa Glorious Public School, Village - Matiyamahawal Post - Mahuwapatan District, Deoria, Uttar Pradesh - 274408.

Vs. Additional Chief Secretary, Department of Higher Education, Government of Uttar Pradesh, Bahu Khandi, Secretariat, Lucknow, Uttar Pradesh - 226001. Present: None.

An application for grant of minority status certificate to Madarsa

Glorious Public School, Village - Matiyamahawal Post - Mahuwapatan

District, Deoria, Uttar Pradesh - 274408 has been received by hand on




Competent Authority i.e. Additional Chief Secretary, Department of

Higher Education, Government of Uttar Pradesh, Bahu Khandi,

Secretariat, Lucknow, Uttar Pradesh - 226001, but petitioner has not

filed the proof of service for letter dated 26.07.2019.

Petitioner has filed the photocopy of letter dated 26.07.2019 for

grant of No Objection Certificate.

In this case, office has reported that petitioner has not filed the

list of founding members of the society and recognition/affiliation

certificate issued by State/Central Examination Board with this

petition.

Issue show cause notice to the petitioner for compliance of the

above order.

List on 17.09.2020.


CHAIRMAN



Ash.



19.02.2020. Madrsa Shahbiba (Niswan), Village - Narayanpur, Post - Banzaria, District - Deoria, Uttar Pradesh - 274408.


An application for grant of minority status certificate to Madrsa

Shahbiba (Niswan), Village - Narayanpur, Post - Banzaria, District -

Deoria, Uttar Pradesh - 274408 has been received by hand on









grant of No Objection Certificate.


list of founding members of the society and updated

recognition/affiliation certificate issued by the State/Central

Examination Board with this petition.


above order.

List on 17.09.2020.


CHAIRMAN



Ash.



19.02.2020. Madrsa Ashrfun Nisha, Village & Post - Sirsiyagotha (Tarkulwa), District - Deoria, Uttar Pradesh - 274408.


An application for grant of minority status certificate to Madrsa

Ashrfun Nisha, Village & Post - Sirsiyagotha (Tarkulwa), District -

Deoria, Uttar Pradesh - 274408 has been received by hand on









grant of No Objection Certificate submitted to the State Competent

Authority.


list of founding members of the society, Niti Ayog Unique ID and

recognition/affiliation certificate issued by the State/Central

Examination Board with this petition.


above order.

List on 17.09.2020.


CHAIRMAN



Ash.

national commission for minority educational...

Documents