GOVERNMENT OF INDIA NATIONAL COMMISSION …ncmei.gov.in/WriteReadData/LINKS/Court...

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS CASE NO. 718 OF 2018 28.02.2019 Don Bosco Higher Secondary School, Sagayathottam, Takkolam (via), Arakkonam Taluk, Vellore Dt., Tamil Nadu 631 151. Vs. Principal Secretary, School Education Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu 9. Present: Mr. B. Mathew, Advocate for the petitioner. None for the respondent Learned Counsel for the petitioner admitted that the petitioner has not applied to the competent authority of the State Government for grant of No Objection Certificate. The Honble 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. He seeks leave to withdraw the petition with liberty to file a fresh petition for the same relief. Leave and liberty is granted. The petition is disposed of as withdrawn. JUSTICE NARENDRA KUMAR JAIN CHAIRMAN DR. NAHEED ABIDI MEMBER DR. JASPAL SINGH MEMBER Ash

Transcript of GOVERNMENT OF INDIA NATIONAL COMMISSION …ncmei.gov.in/WriteReadData/LINKS/Court...

Page 1: GOVERNMENT OF INDIA NATIONAL COMMISSION …ncmei.gov.in/WriteReadData/LINKS/Court Orders...GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS CASE NO. 7

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL

INSTITUTIONS

CASE NO. 718 OF 2018 28.02.2019 Don Bosco Higher Secondary School, Sagayathottam, Takkolam (via), Arakkonam Taluk, Vellore Dt., Tamil Nadu – 631 151.

Vs.

Principal Secretary, School Education Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu – 9. Present: Mr. B. Mathew, Advocate for the petitioner. None for the respondent

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 719 OF 2018 28.02.2019 Nirmala Public School, Erumely P.O., Kottayam Dt., Kerala – 686 509.

Vs. Secretary, General Education Department, Government of Kerala, Trivendrum, Kerala.

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

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 720 OF 2018 28.02.2019 St. Joseph’s Arts and Science College for Women, South Singampunari Village, Nattarmangalam Road, Singampunari Taluk, Sivagangai Dt., Tamil Nadu – 630 502.

Vs. Principal Secretary, School Education Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu – 9.

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

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 721 OF 2018 28.02.2019 Mar Gregorios College of Arts & Science, Block No. 8, Mogappair West, Chennai, Tamil Nadu – 600 037.

Vs. Principal Secretary, School Education Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu – 9.

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

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 722 OF 2018 28.02.2019 Don Bosco School, Chandanakere Road, Devadurga, Raichur Dt., Karnataka – 584 111.

Vs. Principal Secretary to Govt., Education Department (Higher Education),

Govt. of Karnataka , Sixth Floor, Multi Storeyed Building, Bengaluru,

Karnataka-560001

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

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 723 OF 2018 28.02.2019 St. Francis Convent School, Jambu Savari Dinne, B.G. Road, Gottigere Post, Bangalore, Karnataka – 560 083.

Vs. Principal Secretary to Govt., Education Department (Higher Education),

Govt. of Karnataka , Sixth Floor, Multi Storeyed Building, Bengaluru,

Karnataka-560001

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

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 724 OF 2018 28.02.2019 Sanjoe Prathiksha Bhavan Special School for Mantally Handicapped, thondimmal Mukkom, Kozhikode Dt, Kerala – 673 602.

Vs. Secretary, General Education Department, Government of Kerala, Trivendrum, Kerala.

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

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 725 OF 2018 28.02.2019 St. Joseph School, Kazipur, Terah Meel, G.T. Road, Syed Sarawan Post, Kaushambi Dt., Uttar Pradesh – 212 213.

Vs. Deputy Director, Minorities Welfare Department, 6th Floor, Indira Bhavan, Lucknow, Uttar Pradesh Present: Mr. B. Mathew, Advocate for the petitioner. None for the respondent

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 726 OF 2018 28.02.2019 St. Joseph High School, Ratanpura, Survania, banswara Dt. Rajasthan – 327 604.

Vs. Addl. Chief Secretary to Govt. of Rajasthan Department of Minority Affairs & Waqf Room No. 8145, SSO Building, State Secretariat, Jaipur-302005 Rajasthan.

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

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 727 OF 2018 28.02.2019 Nanji Catholic School, Vazhuthalampallam, Palapallam, kanyakumari Dt., Tamil Nadu – 629 159.

Vs. Principal Secretary, School Education Department, Government of Tamil

Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu – 9.

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

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 728 OF 2018 28.02.2019 Seemanchal Minority B.Ed College, Plot No. 18, Street No. . Baigna Road, Village-Tauheed Nagar, Madhepura, Kathihar, Tehsil, Taluk-Katihar, Bihar – 854 105.

Vs. Secretary Human Resource Development Department, Government of

Bihar, Secretariat, Patna, Bihar

Present: Mr. Prasanth Kulambil, Advocate for the petitioner. Mr. Radha Govind G., for the respondent

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 731 OF 2018 28.02.2019 Pratap Bhanu Jain Inter College Sasni, Hathras, Hathras Dt., Uttar Pradesh – 204 101.

Vs. Deputy Director, Minorities Welfare Department, 6th Floor, Indira Bhavan, Lucknow, Uttar Pradesh. Present: Mr. Prasanth Kulambil, Advocate for the petitioner. None for the respondent

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 732 OF 2018 28.02.2019 Pratap Bhanu Jain Poorve Madhyamic Vidhyalaya, Shahpur Khurd, Block Sasni, Mahamaaya Nagar, Hathras, hathras Dt., Uttar Pradesh – 204 101.

Vs. Deputy Director, Minorities Welfare Department, 6th Floor, Indira Bhavan, Lucknow, Uttar Pradesh. Present: Mr. Prasanth Kulambil, Advocate for the petitioner. None for the respondent

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 774 OF 2018 28.02.2019 St. Xavier’s Primary School, Opp. Axis Bank, Ghod-Dod Road, Surat, Gujarat.

Vs. Commissioner of Schools, Commissionerate of Mid Day Meals and Schools, Government of Gujarat, Sector 10, Gandhinagar, Gujarat. Present: Mr. B. Mathew, Advocate for the petitioner. None for the respondent

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 775 OF 2018 28.02.2019 Shri Pratap Bhanu Jain Prathamic Vidhyalaya, Shahpur Khurd, Block Sasni, Hathras, Hathras Dt., Uttar Pradesh – 204 101.

Vs. Deputy Director, Minorities Welfare Department, 6th Floor, Indira Bhavan, Lucknow, Uttar Pradesh. Present: Mr. Prasanth Kulambil, Advocate for the petitioner. None for the respondent

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 779 OF 2018 28.02.2019 Shri Rohit Jain, Member Janta Shiksha Samiti, S-551, TF School Block, Shakarpur, Delhi – 110 092.

Vs. Manager, Janta Higher Secondary School, Pilua Etah, UP. Present: Mr. Rahat Bansal, Advocate for the petitioner. Ms. Kavitha K.T., Advocate for the respondent.

Learned Counsel for the petitioner prayed some time to file relevant

documents. Time prayed for is allowed.

List on 30.04.2019

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 782 OF 2018 28.02.2019 Principal, St. Paul’s Higher Secondary School, Kozhinijampara, Palakkad Dt., Kerala - 678555.

Vs. Secretary, General Education Department, Government of Kerala, Trivendrum, Kerala.

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

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 783 OF 2018 28.02.2019 St. Mary’s School, S.L. F. Ved Vihar, Sadullabad Village, Loni P.O., Ghaziabad Dt., Uttar Pradesh, PIN- 201102

Vs. Deputy Director, Minorities Welfare Department, 6th Floor, Indira Bhavan, Lucknow, Uttar Pradesh

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

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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INSTITUTIONS

CASE NO. 784 OF 2018 28.02.2019 Mrs. Bullmore’s Matriculation School, Mount Pleasant, Coonoor, The

Nilgiris, Tamil Nadu- 643102

Vs.

Principal Secretary School Education Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu – 9

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

Learned Counsel for the petitioner, filed his vakalatnama. He has

admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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INSTITUTIONS

CASE NO. 785 OF 2018 28.02.2019 A.S.M.L.P School (Aided), P.O. Purakkad, Tanur Sub Jilla Alappuzha District, Kerala- 688561

Vs Principal Secretary Higher Education Department, Government of Kerala, Thiruvananthapuram, Kerala

Present: None. Despite issuing notice to the petitioner, none appeared on behalf of the

petitioner even in second round.

On last occasion on 25.07.2018 petitioner was directed to produce

documents.

It transpires from the record 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.

Since nobody has appeared to make any submission, the Commission

has been forced to dismiss the petition. Hence, the petition is dismissed in

default.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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INSTITUTIONS

CASE NO. 789 OF 2018 28.02.2019 St. Joseph(EM) Primary School, Adoni (V) & (M), kurnool Dt., Andhra Pradesh, PIN- 518301

Vs Principal Secretary to Govt. (Ex-officio) Minorities Welfare Department A.P. Secretariat, Hyderabad (Andhra Pradesh).

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

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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INSTITUTIONS

CASE NO. 790 OF 2018 28.02.2019 St. Joseph’s Convent (EM) High School, Adoni (V) & (M), Kurnool Dt., Andhra Pradesh, PIN- 518301

Vs Principal Secretary to Govt. (Ex-officio) Minorities Welfare Department A.P. Secretariat, Hyderabad (Andhra Pradesh).

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

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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INSTITUTIONS

CASE NO. 791 OF 2018 28.02.2019 Xavier Matriculation Higher Secondary School, Savari Garden, Ayyavu

Thevar Nagar, Iyer Bungalow, Madurai Dt., Tamil Nadu, Pin- 625014

Vs

Principal Secretary School Education Department, Government of Tamil

Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu – 9

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

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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INSTITUTIONS

CASE NO. 792 OF 2018 28.02.2019 Benedict Matriculation Higher Secondary School, Kutty Yercaud, Vellaikaradu, Anaimalayanpatty, Theni Dt., Tamil Nadu- 625526

Vs

Principal Secretary School Education Department, Government of Tamil

Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu – 9

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

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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INSTITUTIONS

CASE NO. 793 OF 2018 28.02.2019 Sacred Heart Matriculation Higher Secondary School, Sathya Nagar, Padi, Chennai, Tamil Nadu- 600050

Vs

Principal Secretary School Education Department, Government of Tamil

Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu – 9

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

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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INSTITUTIONS

CASE NO. 794 OF 2018 28.02.2019 Mar Gregorios Public School, Block No.8, Mogappair West, Chennai, Tamil Nadu- 600037

Vs

Principal Secretary School Education Department, Government of Tamil

Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu – 9

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

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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INSTITUTIONS

CASE NO. 795 OF 2018 28.02.2019 Good Shepherd Matriculation Higher Secondary School, No.38,

Rajagopal Street, Old Pallavaram, Chennai, Tamil Nadu- 600117

Vs

Principal Secretary School Education Department, Government of Tamil

Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu – 9

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

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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INSTITUTIONS

CASE NO. 796 OF 2018 28.02.2019 St. Joseph’s English Medium School, Dolo Tank Road, Paralakhemundi, Gajapathi, Odisha- 760001.

Vs Principal Secretary School & Mass Education Department, Government of Orissa, Secretariat, Bhubaneshwar, Orissa – 751 001

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

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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INSTITUTIONS

CASE NO. 797 OF 2018 28.02.2019 R.C.M. Girls Primary School, Surada, Ganjam, Odisha -761108.

Vs Principal Secretary School & Mass Education Department, Government of Orissa, Secretariat, Bhubaneshwar, Orissa – 751 001

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

Learned Counsel for the petitioner admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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INSTITUTIONS

CASE NO. 943 OF 2018 28.02.2019 Hazarath Ameeruddin Ayurveda Medical College, Giddalur, Prakasam District, Andhra Pradesh

Vs Principal Secretary to Govt. (Ex-officio) Minorities Welfare Department A.P. Secretariat, Hyderabad (Andhra Pradesh).

Present: Mr. Shaik Ansar Kajaminoddin, Advocate & President for the petitioner. None for the respondent

Mr. Shaik Ansar Kajaminoddin seeks leave to withdraw the petition with

liberty to avail appropriate remedy as per law. Leave and liberty is granted.

The petition is disposed of as withdrawn.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 944 OF 2018 28.02.2019 Hazrath Ameeruddin Homeopathy Medical College, Giddalur, Prakasam District, Andhra Pradesh.

Vs Principal Secretary to Govt. (Ex-officio) Minorities Welfare Department A.P. Secretariat, Hyderabad (Andhra Pradesh).

Present: Mr. Shaik Ansar Kajaminoddin, Advocate & President for the petitioner. None for the respondent

Mr. Shaik Ansar Kajaminoddin seeks leave to withdraw the petition with

liberty to avail appropriate remedy as per law. Leave and liberty is granted.

The petition is disposed of as withdrawn.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 945 OF 2018 28.02.2019 Hazrath Ameeruddin Unani Medical College, Giddalur, Prakasam District, Andhra Pradesh.

Vs Principal Secretary to Govt. (Ex-officio) Minorities Welfare Department A.P. Secretariat, Hyderabad (Andhra Pradesh).

Present: Mr. Shaik Ansar Kajaminoddin, Advocate & President of the petitioner institution. None for the respondent

Mr. Shaik Ansar Kajaminoddin appeared on behalf of the petitioner. He

has admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Liberty is granted for avail appropriate remedy as per law.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 974 OF 2018 28.02.2019 Shama Nursing School (SNS), Auxiliary Nurse and Midwifery (ANM), Nr. Pir Kamal Masjid, BRTS Road, Danilimda, Ahmedabad – 380 028.

Vs Commissioner of Schools, Commissionerate of Mid Day Meals and Schools, Government of Gujarat, Sector 10, Gandhinagar, Gujarat.

Present: Mr. Yusuf, for the petitioner. None for the respondent

Mr. Yusuf, admitted that the petitioner has 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.

He seeks leave to withdraw the petition with liberty to file a fresh petition

for the same relief. Leave and liberty is granted. The petition is disposed of as

withdrawn.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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INSTITUTIONS

CASE NO. 780 OF 2018 28.02.2019 Mohd. Yunus, Manager, Standard Itermediate College, Mau Aima, Allahanad, Uttar Pradesh

Vs. Deputy Director, Minorities Welfare Department, 6th Floor, Indira Bhavan, Lucknow, Uttar Pradesh Present: None

Despite of giving notice, none appeared on behalf of the petitioner even

in second round.

On last occasion on 25.06.2018 this petition was registered and a

notice was issued to Mr. Mohd. Yunus, Manager, Standard Intermediate

College, Mau Aima, Allahanad, Uttar Pradesh, to assist the Commission.

This petition was received for issuance of second copy of MSC issued

in case no. 1264 of 2010.

Since nobody has appeared to make any submission, the Commission

has been forced to dismiss the petition. Hence, the petition is dismissed in

default.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash

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CASE NO. 781 OF 2018 28.02.2019 M. Mohandas, Kadambam, Vallikunnu North, Valikunnu, Mallapuram District, Kerala – 673 314.

Vs. SMM Hr. Sec. School (Saithalikutty Master Memorial Hr. Sec. School), Reirimangalam P.O. Tanur (Via), Mallapuram Dt., Kerala. Present: None for the petitioner. Mr. Usman Ghani Khan, Advocate for the respondent. Learned Counsel for the respondent prayed some time to file reply of

the letter dated 26.06.2018. In the interest of justice, time prayed for is

allowed.

List on 30.04.2019.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. NAHEED ABIDI

MEMBER

DR. JASPAL SINGH

MEMBER Ash