GOVERNMENT OF NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Bab-E-IIM Oriental Higher Secondary School, Mohammadpur, Shakurabad, Mughalsarai, District- , - 232101. Vs. The Principal Secretary, Higher Education, Department of Education, Government of Uttar Pradesh, Uttar Pradesh.

CASE NO. 162 of 2019 29.09.2020

Present: Mr. Vikas, Advocate for the petitioner Mr. Vinod Kumar Rai for the respondent.

Mr. Vikas, Advocate appeared on behalf of the arguing counsel Mr. Junais P. In compliance of notice issued to the respondent, Mr. Vinod Kumar Rai, DIOS, Uttar Pradesh appeared on behalf of the respondent and prayed for time to file the reply. In the interest of justice, time prayed for is allowed. List on 14.04.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER SR

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Shri Krishna Public School, A-1, Tilak Nagar, Indore District, Madhya Pradesh- 452018. Vs. The Secretary, Room No, 339, Backward Classes and Minority Welfare Department, Government of Madhya Pradesh, Mantralaya, Bhopal, Madhya Pradesh.

CASE NO. 170 of 2019 29.09.2020

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

Mr. Vikas, Advocate appeared on behalf of the arguing counsel Mr. Junais P. Despite service of notice, none appeared on behalf of the respondent. In the interest of justice and due to Covid-19 pandemic, learned counsel for the petitioner is directed to submit an envelope and postal charges for sending notice again to the respondent. After compliance of the above order by the Petitioner, Office is directed to issue notice to the respondent. List on 14.04.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER SR

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Panakkad Thangal Memorial A.U.P. School (P.T.M.A.U.P. School), Bedira, P.O.- Vidyanagar, Kasargod District, Kerala- 671123. Vs. The Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala- 695001, Kerala.

CASE NO. 172 of 2019 29.09.2020

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

Mr. Vikas, Advocate appeared on behalf of the arguing counsel Mr. Junais P. Despite service of notice, none appeared on behalf of the respondent. In the interest of justice and due to Covid-19 pandemic, learned counsel for the petitioner is directed to submit an envelope and postal charges for sending notice again to the respondent. After compliance of the above order by the Petitioner, Office is directed to issue notice to the respondent. List on 14.04.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER SR

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

P.T.M.U.P. School, Palliyoth, Ekarool P.O., Unnikulam, Baussery, Edu. Sub- District, Thamarassery, Kozhikode District, Kerala- 673574. Vs. The Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala- 695001, Kerala.

CASE NO. 175 of 2019 29.09.2020

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

Mr. Vikas, Advocate appeared on behalf of the arguing counsel Mr. Junais P. and again prayed for time to file certified copies of relevant documents, time prayed for is allowed. List on 15.04.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER SR

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

St. Treasa English Medium School, Halejedikatte, Kavalgundi Post, Bhadravathi, Shimoga, Karnataka. Vs. The Principal Secretary to Government, Higher Education Department, Government of Karnataka.

CASE NO. 198 of 2019 29.09.2020

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

Despite service of regd. notice, none appeared on behalf of the respondent. Respondent has sent a letter on dated 28.07.2020 along with a copy of letter dated 03.10.2019, which are taken on record. In the interest of justice, list on 15.04.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER SR

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS Jyothirvikas English Medium School, Kadabagere, Sangameshwar Pete P.O., Chokamagaluru District, Karnataka. Vs. The Principal Secretary to Government, Higher Education Department, Government of Karnataka.

CASE NO. 199 of 2019 29.09.2020

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

Despite service of regd. notice, none appeared on behalf of the respondent. Respondent has sent a letter on dated 28.07.2020 along with a copy of letter dated 03.10.2019, which are taken on record. In the interest of justice, list on 15.04.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER SR

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Global Institute of Business Management, Markapur, Prakasam District, Andhra Pradesh- 523316. Vs. Secretary, Government of Andhra Pradesh, Minorities Welfare Department, 3rd Floor, Andhra Pradesh Secretariat, Velagapudi, Amravati, Andhra Pradesh.

CASE NO. 173 of 2020 29.09.2020

Present: None.

Despite notice, none appeared on behalf of the petitioner. In the interest of justice and due to Covid-19 pandemic, Office is directed to again issue show cause notice to the petitioner as to why this petition be not dismissed at this stage. List on 15.04.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER SR

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS Madarsa Habibia Lilbanaat, Jalalabad, District- Bijnor, Uttar Pradesh- 246763. Vs. Director, Minorities Welfare Department, Indira Bhawan, Lucknow, Uttar Pradesh

CASE NO. 178 of 2020 29.09.2020

Present: None.

Despite notice, none appeared on behalf of the petitioner. In the interest of justice and due to Covid-19 pandemic, Office is directed to again issue show cause notice to the petitioner as to why this petition be not dismissed at this stage. List on 15.04.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER SR

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Mary Girl Vidya Mandir, Punalur P.O.,Kollam District, Kerala

Vs.

Director, Directorate of Minority Welfare, Govt. of Kerala, 4th Floor, Vikas Bhavan, Thiruvananthapuram, Kerala-695033

Misc Case No. 06 of 2020 29.09.2020

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

Despite registered notice, none appeared on behalf of the respondent.

The applicant Ms. Beena Ignatius, D/o Late Mrs. Rosamma Ignatius, Principal of Mary Girl Vidya Mandir, Punalur P.O.,Kollam District, Kerala has filed the affidavit on dated 23.09.2020 before the Commission’s Office, which is taken on record.

Heard the Learned Counsel for the petitioner, put up for orders on 30.09.2020.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER VB

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

29.09.2020.

St. Mary's School, Fathehulla Nagar, Afzalgarh, Bijnor District, Uttar Pradesh - 246722. Vs. 1. Principal Secretary, Secondary Education, Govt. of UP, Lucknow, UP. 2. Additional Chief Secretary, Department of School Education, Government of Uttar Pradesh, Bahu Khandi, Secretariat, Lucknow, Uttar Pradesh - 226001.

Present:

An application for grant of minority status certificate to St. Mary's School, Fathehulla Nagar, Afzalgarh, Bijnor District, Uttar Pradesh - 246722 has been received from the petitioner by post on 01.09.2020. It be registered. It transpires from the petition that on 20.08.2020 the petitioner applied for grant of No Objection Certificate to the wrong State Competent Authority i.e. Principal Secretary, Secondary Education, Govt. of UP, Lucknow, UP, instead of Additional Chief Secretary, Department of School Education, Government of Uttar Pradesh, Bahu Khandi, Secretariat, Lucknow, Uttar Pradesh - 226001, who is notified as the Competent Authority by the State Government to issue NOC, but petitioner has not filed the proof of service for letter dated 20.08.2020. It transpires from the records, that the petitioner has also applied before the State Competent Authority for grant of Minority Status Certificate and that the application is still pending. As per law and settled procedure, petitioner cannot apply before this Commission unless and until the Minority Status Certificate application is disposed by the State Competent Authority. It is for this very reason this application is not maintainable at this stage. In this case office has reported that name of signatory of the declaration is not in the list certified by registrar of societies. Petitioner has not filed affidavit and envelope with postage charges for sending notice to the respondents. Issue show cause notice to the petitioner only as to why this petition be not dismissed at this stage.

In the interest of justice, list on 09.03.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER Ash GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

29.09.2020.

Oxford Public School, Sampurna Nagar, Lakhimpur - Kheri, Uttar Pradesh - 262904. 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 Oxford Public School, Sampurna Nagar, Lakhimpur - Kheri, Uttar Pradesh - 262904 has been received by post on 08.09.2020. It be registered. Peruse the office report; it transpires from the records that the petitioner has not applied before the State Competent Authority 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. In this case, office has reported that petitioner has not filed Unique ID and filed photocopy of affidavit. Petitioner has also not submitted envelop with postage charges for sending notice to the respondent. Issue show cause notice to the petitioner only as to why this petition be not dismissed at this stage.

In the interest of justice, list on 09.03.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER Ash GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

29.09.2020.

Bhartia Public Junior High School, Padli Gujjar, Paniyala Road, Roorkee, District - Haridwar, . Vs. Incharge Secretary, Higher Education, Uttarakhand Government, Room No. 7, Ground Floor, Late Soban Singh Jeena Bhawan (SBI Bank Building), Uttarakhand Secretariat, Uttarakhand - 248001.

Present: None.

An application for grant of minority status certificate to Bhartia Public Junior High School, Padli Gujjar, Paniyala Road, Roorkee, District - Haridwar, Uttarakhand has been received by post on 08.09.2020, which is in old format. It be registered. Peruse the office report; it transpires from the records that the petitioner has not applied before the State Competent Authority 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. It transpires from the records, that the petitioner has also applied before the State Competent Authority for grant of Minority Status Certificate and that the application is still pending. As per law and settled procedure, petitioner cannot apply before this Commission unless and until the Minority Status Certificate application is disposed by the State Competent Authority. It is for this very reason this application is not maintainable at this stage. In this case, office has reported that petitioner has not filed Niti Ayog Unique ID and recognition/affiliation certificate filed with this petition is not legible. Office has also reported that declaration signed by Mohd. Ali as Secretary, but in the list of members of the society his designation is chairman. Petitioner has also not submitted envelop with postage charges for sending notice to the respondent. Issue show cause notice to the petitioner only as to why this petition be not dismissed at this stage. In the interest of justice, list on 09.03.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER Ash. GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

29.09.2020.

Krist Jayanti School, Bariya, Village – Mathurapur Mor, Chandanpura PO, Najibabad, Bijnor District, Uttar Pradesh. Vs. 1. Principal Secretary, Secondary Education, Govt. of UP, Lucknow, UP. 2. Additional Chief Secretary, Department of School Education, Government of Uttar Pradesh, Bahu Khandi, Secretariat, Lucknow, Uttar Pradesh - 226001.

Present: None

An application for grant of minority status certificate to Krist Jayanti School, Bariya, Village – Mathurapur Mor, Chandanpura PO, Najibabad, Bijnor District, Uttar Pradesh has been received from the petitioner by post on 09.09.2020. It be registered. It transpires from the petition that on 31.08.2020 the petitioner applied for grant of No Objection Certificate to the wrong State Competent Authority i.e. Principal Secretary, Secondary Education, Govt. of UP, Lucknow, UP, instead of Additional Chief Secretary, Department of School Education, Government of Uttar Pradesh, Bahu Khandi, Secretariat, Lucknow, Uttar Pradesh - 226001, who is notified as the Competent Authority by the State Government to issue NOC, but petitioner has not filed the proof of service for letter dated 31.08.2020. It transpires from the records, that the petitioner has also applied before the State Competent Authority for grant of Minority Status Certificate and that the application is still pending. As per law and settled procedure, petitioner cannot apply before this Commission unless and until the Minority Status Certificate application is disposed by the State Competent Authority. It is for this very reason this application is not maintainable at this stage. In this case, office has reported that petitioner has not filed affidavit and amended MoA to ascertain the name of Secretary of the society of the petitioner institute. Petitioner has also not filed envelope with postage charges for sending notice to the respondents. Issue show cause notice to the petitioner only as to why this petition be not dismissed at this stage.

In the interest of justice, list on 10.03.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER Ash