GOVERNMENT OF INDIA NATIONAL COMMISSION FOR …ncmei.gov.in/WriteReadData/LINKS/15th Oct 19 Daily...

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS Sagaya Matha High School, Annai Sivagami Nagar, Ennore, Chennai, T.N. CASE NO. 699 of 2017

&

St. Mark’s High School, No. 28, Mohanapuri, 2nd Street, West Velacherry, Chennai, T.N.

Vs.

Principal Secretary, School Education Department, Government of T.N.

CASE NO. 737 of 2017 Date: 15.10.2019

Present: Mr. B. Mathew, Advocate for the petitioner. None for the respondent. By the order dated 09.08.2018, Case No. 737 of 2017 was

tagged with the record of Case No. 699 of 2017. Since a common

question of law and fact is involved in both the cases, they are being

disposed of by this common order.

Learned counsel for the petitioner admitted that the petitioner

had not applied to the competent authority of the State Government for

grant of 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.

Learned counsel for the petitioner seeks leave to withdraw the

petitions with liberty to file fresh petition for the same relief. Leave and

liberty is granted. Both the petitions are disposed of as withdrawn.

P.T.O.

Copy of this order be placed on the record of Case No. 737 of

2017.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER

Ks


EDUCATIONAL INSTITUTIONS Shri Saraswati Gyanpith Shiksha Mahavidyalaya, 62, Laxman Nagar, Dewas, Madhya Pradesh.

V/s. Commissioner, Backward Classes & Minority Welfare Department, Government of Madhya Pradesh.

CASE NO. 1146 of 2017 Date: 15.10.2019

Present: Mr. Iftekhar Ahmed, Advocate for the petitioner. None for the respondent. In compliance of earlier order dated 15.05.2019, office has

endorsed a copy of application of No Objection Certificate submitted

before the State competent authority, which is taken on record.

Learned counsel for the petitioner submitted notarized copy of

affiliation, which is taken on record.

Now fixed the matter for final arguments on 04.02.2020

as prayed by learned counsel for the petitioner.





Ks


EDUCATIONAL INSTITUTIONS Rehbar Ayurvedic & Unani - Tibbi Medical College, Hospital & Research Centre, Bhawanigarh, District - Sangrur - 148026, Punjab.

V/s. Secretary, Higher Education Department, Mini Secretariat, Sector - 9, Chandigarh.

CASE NO. 08 of 2018 Date: 15.10.2019

Present: Mr. Tejasvi Kumar, Advocate for the petitioner. None for the respondent. Learned counsel for the petitioner requested for an adjournment.

Adjournment is granted.

In the interest of justice, list on 19.02.2020.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN




Ks


EDUCATIONAL INSTITUTIONS Dr. Raju Davis Grace International School, Grace Knowledge Village, Plavinmuri P.O., Mala, District - Thrissur, Kerala.

V/s. The Secretary, General Education Department, Government of Kerala.

CASE NO. 07 of 2019 Date: 15.10.2019

Present: Mr. B. Mathew, 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.






Ks


EDUCATIONAL INSTITUTIONS St. Philip Neri Convent School, Parambil, P.O. - Cheruvatta, District - Kozhikode, Kerala.

V/s. Secretary, General Education Department, Government of Kerala.

CASE NO. 08 of 2019 Date: 15.10.2019








Ks


EDUCATIONAL INSTITUTIONS Chavara English Medium School, Thamarassery, District - Kozhikode, Kerala.


CASE NO. 09 of 2019 Date: 15.10.2019








Ks


EDUCATIONAL INSTITUTIONS Gateway International School, No. 2/664, Rangareddy Garden, Ect Neelankarai, Chennai, Tamil Nadu.

V/s. The Principal Secretary, School Education Department, Government of Tamil Nadu.

CASE NO. 10 of 2019 Date: 15.10.2019

Present: Mr. B. Mathew, Advocate for the petitioner. None for the respondent. A counter affidavit has been received from the Director,

Department of School Education, Government of T.N, by post. The

same is taken on record.

Office is directed to supply a copy of counter affidavit to learned

counsel for the petitioner.

Learned counsel for the petitioner prayed some time to file







Ks


EDUCATIONAL INSTITUTIONS Darul Quran Academy (Madrasa), Alathiyor P.O., Tirur, Malappuram, Kerala.


CASE NO. 133 of 2019 Date: 15.10.2019

Present: Mr. Junais P., Advocate for the petitioner. None for the respondent. Despite service of registered notice, none appeared on behalf of

the respondent.

Learned counsel for the petitioner has submitted four documents

before the Commission’s office on 14.10.2019, which are taken on

record.






Ks


EDUCATIONAL INSTITUTIONS Adarsh Jeevan Mahavidhyalaya, Village and Post - Amol (Patha), Tehe - Karera, District - Shivpuri, Madhya Pradesh.

V/s. The Secretary, Room No. 339, Backward Classes and Minority Welfare Department, Government of Madhya Pradesh, Mantrlaya, Bhopal, Madhya Pradesh.

CASE NO. 146 of 2019 Date: 15.10.2019

Present: Mr. Gaurav Jain for the petitioner. None for the respondent. Despite registered notice, none appeared on behalf of the

respondent.

Office is directed to submit proof of service of notice issued to

the respondent and also post office receipt and acknowledgment, if

received and also directed to submit tracking report.

Mr. Gaurav Jain prayed some time to file certified copies of

relevant documents. Time prayed for is allowed.






Ks


EDUCATIONAL INSTITUTIONS Peace Public School, M.P. Tower, Periyadka, P.O., Siribagilu, Kasargod, Kasargod, Kerala.


CASE NO. 160 of 2019 Date: 15.10.2019


the respondent.

Learned counsel for the petitioner has submitted five documents


record.



CHAIRMAN




Ks


EDUCATIONAL INSTITUTIONS Peace International School, Ayitty Junction, Trikaripur, Kasargod, Kasargod, Kerala.


CASE NO. 166 of 2019 Date: 15.10.2019

Present: Mr. Junais P., Advocate alongwith Mr. Shaheed AGC for the petitioner. None for the respondent. Despite service of registered notice, none appeared on behalf of

the respondent.



record.






Ks


EDUCATIONAL INSTITUTIONS SKS International Gurukul, Kirmach Road, Kurukshetra, Haryana.

V/s. The Principal Secretary, School Education Department, Government of Haryana.

CASE NO. 167 of 2019 Date: 15.10.2019

Present: Ms. Avneet Kaur, Advocate for the petitioner. None for the respondent. Despite registered notice, none appeared on behalf of the

respondent.




Learned counsel for the petitioner submitted that they have no

proof of delivery of registered A.D. sent to the State competent authority

for grant of No Objection Certificate under Section 10 of the NCMEI Act.

She has also submitted that letter dated 01.10.2019 of Directorate of

Elementary Education, Government of Haryana, clearly shows that

respondent has received petitioner’s application for grant of No

Objection Certificate. The said letter is taken on record.








Ks


EDUCATIONAL INSTITUTIONS Delhi World Public School, Ashta, Shujalpur Road, Ashta, District - Sehore, Madhya Pradesh.

V/s. The Secretary, Room No. 339, Backward Classes and Minority Welfare Department, Government of Madhya Pradesh, Mantralaya, Bhopal, Madhya Pradesh.

CASE NO. 174 of 2019 Date: 15.10.2019

Present: Mr. Junais P., Advocate for the petitioner. None for the respondent. Despite registered notice, none appeared on behalf of the

respondent.






record.






Ks


EDUCATIONAL INSTITUTIONS Vimla Devi College of Education, Village - Juledha, Tehsil - Sardhana, District - Meerut, Uttar Pradesh.

V/s. The Principal Secretary, Higher Education Department, Government of Uttar Pradesh.

CASE NO. 180 of 2019 Date: 15.10.2019

Present: Mr. Junais P., Advocate for the petitioner. None for the respondent. Despite registered notice, none appeared on behalf of the respondent. Office is directed to submit proof of service of notice issued to





record.






Ks


EDUCATIONAL INSTITUTIONS A.L.P. School, Kottarassery, Thekkepotta P.O., Palakkad District, Kerala.

V/s. The Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala.

CASE NO. 182 of 2019 Date: 15.10.2019


the respondent.








Ks


EDUCATIONAL INSTITUTIONS Lourdu Matha Matriculation School, Visuvasampatty Village, Maganurpatty P.O., Uthangarai Taluk, Krishnagiri District, Tamil Nadu.

V/s. The Principal Secretary, School Education Department, Government of Tamil Nadu, fort St. George, Secretariat, Chennai, Tamil Nadu.

CASE NO. 183 of 2019 Date: 15.10.2019

Present: Mr. B. Mathew, Advocate for the petitioner. None for the respondent.

Despite service of registered notice, none appeared on behalf of

the respondent.








Ks


EDUCATIONAL INSTITUTIONS Aditya Kiran College of Applied Studies, Kuttoor P.O., Mathamangalam, Kannur, Kerala.

V/s. The Principal Secretary, Higher Education Department, Government of Kerala, Thiruvananthapuram, Kerala.

CASE NO. 184 of 2019 Date: 15.10.2019


the respondent.








Ks


EDUCATIONAL INSTITUTIONS St. Norbert School, Marianahalli, Dooda Gubbi, Bangalore, Karnataka.

V/s. The Principal Secretary to Government, Education Department (Higher Education), Government of Karnataka.

CASE NO. 185 of 2019 Date: 15.10.2019

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

Despite registered notice, none appeared on behalf of the

respondent.




A letter dated 26.09.2019 alongwith proceedings of Government

of Karnataka by post has been received from the Director, Department

of Education, Directorate of Urdu and Other Minority Langauge

Schools, CPI, Government of Karnataka. The same is taken on record.

Office is directed to supply a copy of the said letter to learned









Ks


EDUCATIONAL INSTITUTIONS Holy Family Public School, V.P. Bose, Hunsur, Mysore, Karnataka.

V/s. The Principal Secretary to Government, Education Department, (Higher Education), Government of Karnataka.

CASE NO. 189 of 2019 Date: 15.10.2019

Present: Mr. B. Mathew, Advocate for the petitioner. None for the respondent. Despite registered notice, none appeared on behalf of the

respondent.




A letter dated 06.09.2019 alongwith proceedings of Government

of Karnataka by post has been received from the Director, Department

of Education, Directorate of Urdu and Other Minority Langauge

Schools, CPI, Government of Karnataka. The same is taken on record.

Office is directed to supply a copy of the said letter to learned




record.

In the interest of justice, list on 25.02.2020 as prayed by learned






Ks


EDUCATIONAL INSTITUTIONS Darul Quran Residential School, Alathiyoor P.O., Tirur, Malappuram, Kerala.


CASE NO. 190 of 2019 Date: 15.10.2019


the respondent.



record.

In the interest of justice, list on 19.02.2020 as prayed by learned






Ks


EDUCATIONAL INSTITUTIONS Shri Balwant Institute of Technology, Meerut Road, Pallri, Near DPS, Sonepat, Haryana – 131001.

V/s. The Finance Commissioner & Principal Secretary, Education Department, Government of Haryana, Civil Secretariat, Chandigarh, Haryana

Date: 15.10.2019

Present: Mr. Rishabh Sancheti, Advocate and Mr. Nishit Shah, Advocate for the petitioner. None for the respondent. On 11.09.2019, Hon’ble High Court of Delhi in Civil Writ Petition

No. 4311 of 2019 passed the following orders: -

Correction by order dated 23.09.2019 by the Hon’ble High Court

of Delhi.

“11. I find no impediment in the petitioner being granted the minority status. The impugned order does not reveal any other rationale for rejecting the petitioners’ application. Therefore, as prayed, the impugned orders are set aside. The matter is remanded to the Commission for deliberating on grant of status of minority institution sans the aspect which is covered by the order passed today. 12. The Commission is requested to deliberate on the application for grant of minority status at the earliest though not later than four weeks from the date of the receipt of a copy of the order. 13. Insofar as the respondent no. 2 university is concerned, if an when, the Commission accords minority status to the petitioner, it will deliberate on its application, in case, it is pending, for according affiliation in accordance with the extant rules and regulations. 14. The captioned petition and interim application is disposed of in the aforesaid terms.

(emphasis supplied)”

Looking to the order of Hon’ble High Court of Delhi, register the

case on previous original file number i.e. 75 of 2018.

In the interest of justice, issue notice to the respondent.

Contd…….

-2-

Date: 15.10.2019.

Learned counsel for the petitioner is directed to file envelope with

postage stamp within three days for sending the notice to the

respondent.

Office is directed to issue notice after compliance of this order.

Office is also directed to attach the file no. 75 of 2018 and also file of

review application no. 908 of 2018.

In addition of the registered A.D. one more set of notice be given

to the learned counsel for the petitioner for dasti service as prayed by

learned counsel for the petitioner.

In the interest of justice, looking to the order of Hon’ble High

Court of Delhi list it on 23.10.2019 as prayed by learned counsel for the

petitioner.


CHAIRMAN




Ks


EDUCATIONAL INSTITUTIONS

Case No. 636 of 2019 15.10.2019

St. Anne’s Girls Pre-University College, K.H. Nagar, Maddur, Mandya Dt., Karnataka.

Vs. Additional Chief Secretary to Govt., Education Deptt., (Higher Education), Govt. of Karnataka, 6th Floor, Multi-Storiyed Building, Bangaluru, Karnataka. Present: Mr. Junais P., Advocate for the petitioner.

An application for grant of minority status certificate to St. Anne’s Girls Pre-

University College, K.H. Nagar, Maddur, Mandya Dt., Karnataka has been received

by hand on 12.07.2019 from the petitioner mentioned above. It be registered.

It transpires from the records that the petitioner has applied for grant of No

Objection Certificate on 28.02.2019 to the Principal Secretary, Education

Department, (Higher Education), Government of Karnataka, 6th Floor, M.S. Building,

Bengaluru, Karnataka, which was received by the respondent on 05.03.2019. 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 has been expired.

Learned Counsel for the petitioner has prayed for some time to file the

updated recognition certificate issued by the competent authority. Time prayed is

allowed.

Office is directed to tag the Case file No. 242 of 2017 with this case.

Issue notice to the respondent by registered AD/e-mail.

List on 25.02.2020


DR. BALTEJ SINGH MANN

MEMBER



Ash.



Case No. 637 of 2019 15.10.2019 New Public School, Kanmpalli, Chintamani, Chikkaballapur Dt., Karnataka.


An application for grant of minority status certificate to New Public School,

Kanmpalli, Chintamani, Chikkaballapur Dt., Karnataka has been received by hand on

12.07.2019 from the petitioner mentioned above. It be registered.









In this case, office has reported that the recognition period is not mentioned in

the recognition certificate filed by the petitioner.



allowed.



List on 25.02.2020.



MEMBER


DR. JASPAL SINGH

MEMBER Ash.



Case No. 638 of 2019 15.10.2019 St. Anne’s Pre-University College, Vidyagiri, Bagalkot, Karnataka.


An application for grant of minority status certificate to St. Anne’s Pre-

University College, Vidyagiri, Bagalkot, Karnataka has been received by hand on














allowed.



List on 25.02.2020



MEMBER



Ash.



Case No. 639 of 2019 15.10.2019 St. Anne’s Public School, Teacher’s colony, Mulbagal, Kolar Dt., Karnataka.


An application for grant of minority status certificate to St. Anne’s Public

School, Teacher’s colony, Mulbagal, Kolar Dt., Karnataka has been received by hand

on 12.07.2019 from the petitioner mentioned above. It be registered.













allowed.



List on 25.02.2020



MEMBER


DR. JASPAL SINGH

MEMBER Ash.



Case No. 640 of 2019 15.10.2019 St. Anne’s Pre-University College, Hangal Road, Haveri, Karnataka.



University College, Hangal Road, Haveri, Karnataka has been received by hand on














allowed.



List on 25.02.2020



MEMBER


DR. JASPAL SINGH

MEMBER Ash.



Case No. 641 of 2019 15.10.2019 St. Anne’s Pre-University College, Changavara Road, Jyothinagara, Sira, Tumkur Dt., Karnataka.



University College, Changavara Road, jyothinagara, Sira, Tumkur Dt., Karnataka has

been received by hand on 12.07.2019 from the petitioner mentioned above. It be

registered.













allowed.



List on 25.02.2020



MEMBER


DR. JASPAL SINGH

MEMBER Ash.



Case No. 642 of 2019 15.10.2019 St. Anne’s Pre-University College, N.R. Mohalla, Mysore, Karnataka.



University College, N.R. Mohalla, Mysore, Karnataka has been received by hand on














allowed.



List on 25.02.2020



MEMBER


DR. JASPAL SINGH

MEMBER Ash.

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR …ncmei.gov.in/WriteReadData/LINKS/15th Oct 19 Daily...

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