F. No. 1215 of 2017 National Commission for Minority Educational Institutions

F. NO. 1215 OF 2017 NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Present: Mr. Jose Abraham, Advocate 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 28.11.2018.

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER 2.5.2018 MD

F. NO. 1216 OF 2017 NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Present: Mr. Jayant Bhatt, Advocate for the petitioner. None for the respondent.

Copy of the reply received from the respondent is furnished to the

learned counsel for the petitioner for filing rejoinder, if any.

The petitioner is directed to produce original documents on the next

date.

List on 28.11.2018.

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER 2.5.2018 MD

F. NO. 1217 OF 2017 NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Present: Mr. Jose Abraham, Advocate 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 28.11.2018.

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER 2.5.2018 MD

F. NO. 1219 OF 2017 NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Present: Mr. Jose Abraham, Advocate 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 29.11.2018.

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER 2.5.2018 MD

F. NO. 1220 OF 2017 NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Present: Mr. Jose Abraham, Advocate 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 29.11.2018.

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER 2.5.2018 MD

F. NO. 1221 OF 2017 NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Present: Mr. Jose Abraham, Advocate 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 29.11.2018.

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER 2.5.2018 MD

F. NO. 1222 OF 2017 NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Present: Mr. Jose Abraham, Advocate 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 29.11.2018.

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER 2.5.2018 MD

F. NO. 1223 OF 2017 NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Present: Mr. Jose Abraham, Advocate 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 29.11.2018.

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER 2.5.2018 MD

F. NO. 1224 OF 2017 NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Present: Mr. Jose Abraham, Advocate 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 29.11.2018.

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER 2.5.2018 MD

F. NO. 1225 OF 2017 NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Present: Mr. Jose Abraham, Advocate 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 29.11.2018.

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER 2.5.2018 MD

F. NO. 1226 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 09 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 Bhagalpur Prefecture Association. Other cases have been registered as Case No. 1227 of 2017, 1228 of 2017, 1229 of 2017, 1230 of 2017, 1231 of 2017, 1232 of 2017, 1233 of 2017 and 1234 of 2017. Since a common question of law and fact is involved in all the cases, they can be disposed of by a common order. It is, therefore, ordered that the record of Case No. 1227 of 2017, 1228 of 2017, 1229 of 2017, 1230 of 2017, 1231 of 2017, 1232 of 2017, 1233 of 2017 and 1234 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 and amended Rules & Regulations of the Bhagalpur Prefecture Association. He has filed the affidavits of Mr. 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 also filed the Unique ID No. BE/2017/0160141 of the petitioner society as given by the Niti Aayog Portal NGO Darpan. He has filed the original certificate issued by the Prakhand Shiksha Prasar Adhikari, Sahebganj in Case No. 1226 of 2017, 1227 of 2017, 1229 of 2017, 1230 of 2017, 1231 of 2017, original certificate issued by the District Education Officer, Godda District in Case No. 1228 of 2017, original certificate issued by the Prakhand Shiksha Prasar Padadhikari, Giridih in Case No. 1232 of 2017, original certificate issued by the Prakhand Shiksha Prasar Padadhikari, Tisri in Case No. 1233 of 2017 and original certificate issued by the Prakhand Shiksha Prasar Padadhikari, Deoghar District in Case No. 1234 of 2017. The petitioner is directed to file some additional documents regarding recognition of the petitioner institutions. Issue final notice to the respondent to file replies on or before the next date. List on 20.8.2018.

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER 2.5.2018 MD F. NO. 1218 OF 2017 NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Present: Mr. Nagesh, Advocate for the petitioner. None for the respondent.

Learned counsel for the petitioner seeks an adjournment, which is

granted in the interest of justice.

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

authority and submit proof on the next date.

List on 19.7.2018.

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER 2.5.2018 MD

F. NO. 1194 OF 2016 NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Present: Sr. Anna K.P., Advocate for the petitioner. None for the respondent.

Learned counsel for the petitioner has filed her Vakalatnama.

She seeks an adjournment, which is granted in the interest of

justice.

List on 20.8.2018.

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER 2.5.2018 MD

F. NO. 1143 OF 2016 NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Present: Sr. Anna K.P., Advocate 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 her Vakalatnama.

She has filed affidavit of Sr. Deepika Thekanady giving details of the students, teaching staff and non-teaching staff of the petitioner institution.

It is stated in the petition that on 28.1.2016 the petitioner institution had applied to the State Government for grant of minority status certificate and the same is still pending. On receipt of a notice, the respondent i.e.

State Government filed a reply and the learned counsel for the petitioner has already filed the rejoinder to the said reply, which is on record.

The Commission after taking into account all the records observed that the petitioner institution has applied for grant of minority status certificate on the ground that the same has been established and is being administered by the Seraphina Seva Samaj, which is a registered society, constituted by the members of the Christian community. All the founding and present members of the said society are also Christian. 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 Sr. Deepika Thekanady. 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 Annai Velankanni Matric. Hr. Sec. School,

Pavoorchatram, Tenkasi, Tirunelveli Distt., Tamil Nadu- 627 808 run by

the Seraphina Seva Samaj 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 Christian community. Consequently, Annai Velankanni

Matric. Hr. Sec. School, Pavoorchatram, Tenkasi, Tirunelveli Distt., Tamil

Nadu- 627 808 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.

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER 2.5.2018 MD

F. NO. 1133 OF 2016 NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Present: Sr. Anna K.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. Pursuant to the order dated 10.7.2017, all the cases of this batch is being disposed of by this common order. Sr. Anna K.P. has filed affidavits of Sr. Elizabeth George in all the cases giving details of the students, teaching staff and non-teaching staff of the petitioner institutions. She is allowed to amend Col. No. 1(a) of the petition of Case No. 1133 of 2016. She has produced the original order dated 11.1.2018 issued by the Assam Higher Secondary Educational Council, Bamunimaidam, Guwahati in Case No. 1144 of 2016, which after due verification was returned to her. It is stated in the petitions of Case No. 1133 of 2016, 1144 of 2016 and 1148 of 2016 that on 10.12.2015 the petitioner institutions had applied to the State Government for grant of minority status certificate and the same are still pending. The said date is mentioned as 27.10.2015 in Case No. 1134 of 2016. Despite service of notice, the competent authority of the State Government has failed to apprise the Commission about the status of the said applications. Pendency of the said applications for such a disproportionately long period clearly indicates government's disinclination to grant minority status certificates to the petitioner institutions. Petitioners’ right to get minority status certificate cannot be kept under suspended animation. In this view of the matter, these are fit cases for intervention by this Commission. The petitioner institutions have applied for grant of minority status certificate on the ground that the same have been established and are being administered by the same have been established and are being administered by the Salesian Sisters of North East India, which is a registered society, constituted by the members of the Christian community. All the founding and present members of the said society are also Christian. The aforesaid averments made in the petition find ample corroboration from the documentary evidence produced on behalf of the petitioner institutions and the affidavits of Sr. Elizabeth George. There is no document on record to rebut the documentary evidence produced on behalf of the petitioner institutions.

The amended Memorandum of Association of the said society clearly reflects that the beneficiaries of the petitioner institution are members of the Christian community. In addition, the said fact also stands proved from the affidavit of Sr. Elizabeth George. 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 North East Auxilium Convent School, Gohpur Tinali, Sangloputung P.B-153, Itanagar, Arunachal Pradesh- 791 111, Auxilium Junior College, Harpur, Udalguri P.O. & Distt. BTAD, Assam- 784 509, Auxilium Junior College, Bordoloi Nagar, Tinsukia, Assam- 786 125 and Auxilium English Medium School, Vill. Dimulgaon, Kadamtola, Kokrajhar, Assam- 783 370 run by the Salesian Sisters of North East India 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 Christian community. Consequently, North East Auxilium Convent School, Gohpur Tinali, Sangloputung P.B-153, Itanagar, Arunachal Pradesh- 791 111, Auxilium Junior College, Harpur, Udalguri P.O. & Distt. BTAD, Assam- 784 509, Auxilium Junior College, Bordoloi Nagar, Tinsukia, Assam- 786 125 and Auxilium English Medium School, Vill. Dimulgaon, Kadamtola, Kokrajhar, Assam- 783 370 are declared as minority educational institutions within the meaning of Section 2(g) of the National Commission for Minority Educational Institutions Act. Minority status certificates be issued separately. Copy of the order be placed on the record of Case No. 1134 of 2016, 1144 of 2016 and 1148 of 2016.

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER 2.5.2018 MD