F.NO. 305 OF 2017

NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Present : Mr. Jose Abraham, 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 filed his power. He has filed the amended petition in the prescribed format.

He has filed the Unique ID No. KA/2017/0168285 of the petitioner society as given by the Niti Aayog portal ngodarpan.gov.in.

Learned Counsel for the petitioner filed the affidavit of

Sr. Beena Abraham, President of ‘The Augustinian Society’ in support of the averments made in the petition and also to prove that the beneficiaries of the petitioner institution are members of the Christian

Community.

He has filed the certified copy of Certificate of Registration of

‘The Augustinian Society’ in Kannad language. English translation thereof duly notarized by Notary Public has also been filed.

He has filed the certified copies of Memorandum of

Association, List of Governing Body Members, List of present members, Rules and Regulations alongwith amended Memorandum of Association of the said Society.

He has produced the Recognition letter vide no. :

A1/KHAPRA/SHA/Order/58/2016-17 dated 27.12.2016 issued by the

Block Education Officer, Anekal Taluk, , Karnataka to the

VB 25.10.2017 petitioner’s institution in Kannad language. English translation thereof duly notarized by Notary Public has also been filed.

It is stated in the petition that on 19.05.2016, the petitioner institution had applied to the State Government for grant of minority status certificate and the same is still pending. Despite service of notice, the competent authority of the State Government has failed to apprise the Commission about the status of the said application.

Pendency of the said application for such a disproportionately long period clearly indicates government’s disinclination to grant minority status certificate to the petitioner institution. Petitioner’s right to get minority status certificate cannot be kept under suspended animation.

In this view of the matter, it is a fit case for intervention by this

Commission.

The petitioner institution has applied for grant of minority status certificates on the ground that the same has been established and is being administered by ‘The Augustinian Society’ which is a registered

Society, constituted by members of the Christian Community. All members of the said Society are also Christian. The aforesaid averments made in the petitions find ample corroboration from the documentary evidence produced on behalf of the petitioner institution and the affidavit of Sr. Beena Abraham.

The amended Memorandum and 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. Beena Abraham. There is no evidence on record to rebut the documentary evidence produced on behalf of the petitioner institution.

VB 25.10.2017 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 St. Augustine School,

Kammasandra Village, Electronic City, Bangalore, Karnataka-560100 run by ‘The Augustinian Society’, 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, St. Augustine

School, Kammasandra Village, Electronic City, Bangalore, Karnataka-

560100 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

VB 25.10.2017 F.NO. 306 OF 2017

NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Present : Mr. Jose Abraham, Advocate for the petitioner

Mr. Vijay Shankar, Proxy Counsel on behalf of the Mr. G.Prakash, Advocate for the respondent

Learned Counsel for the respondent file the written submissions on the behalf of the State of . Learned Counsel for the petitioner filed the reply of the written submission filed the respondent.

Learned Counsel for the petitioner filed his power. He has filed the amended petition in the prescribed format in two sets.

Learned Counsel for the petitioner filed the affidavit of

Mr. Shibu C.M., Manager, Vekkalam Aided UP School in support of the averments made in the petition and also to prove that the beneficiaries of the petitioner institution are members of the Christian

Minority Community.

He has filed the original Certificate of Recognition issued to

Vekkalam Aided UP School issued by Assistant Educational Officer,

Iritty, Kerala on 11.09.2017.

It is stated in the petition that on 26.04.2016, the petitioner institution had applied to the State Government for grant of minority status certificate and the same is still pending. Despite service of notice, the competent authority of the State Government has failed to apprise the Commission about the status of the said application.

Pendency of the said application for such a disproportionately long period clearly indicates government’s disinclination to grant minority status certificate to the petitioner institution. Petitioner’s right to get

VB 25.10.2017 minority status certificate cannot be kept under suspended animation.

In this view of the matter, it is a fit case for intervention by this

Commission.

The petitioner institution has applied for grant of minority status certificate on the ground that the institution is established and being administered by an individual of Christian community. It is stated in the affidavit of Mr. Shibu C.M., Manager, Vekkalam Aided UP School that the petitioner institution is established and administered by the members of the Christian community primarily for the benefit of the

Christian Community. The aforesaid averments made in the petitions find ample corroboration from the documentary evidence produced on behalf of the petitioner institution and the affidavit of Mr. Shibu C.M.

Mr. Shibu C.M., Manager, Vekkalam Aided UP School in his affidavit further proves that the beneficiaries of the petitioner institution are members of the Christian community. There is no evidence 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 Vekkalam Aided UP School,

Nedumpoil, District, Kerala-670650 run by an individual

VB 25.10.2017 Christian, namely, Mr. Shibu C.M. 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, Vekkalam Aided

UP School, , , Kerala-670650 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

VB 25.10.2017 F.NO. 316 OF 2017

NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Present : Mr. Junais 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 filed his power. He has filed the amended petition in the prescribed format.

He has filed the Unique ID No. MP/2017/0167280 of the petitioner society as given by the Niti Aayog portal ngodarpan.gov.in.

Learned Counsel for the petitioner filed the affidavit of

Mr. Namit Jain, Secretary, Vikash Education and Environment

Academy Samiti in support of the averments made in the petition and also to prove that the beneficiaries of the petitioner institution are members of the Jain Community.

He has produced the original Certificate of Registration of

‘Vikash Education and Environment Academy Samiti’ which was returned to him after due verification.

He has filed the certified copies of Memorandum of

Association, List of Founding Members, Rules and Regulations of the said society. He has also filed the certified copies of amended

Memorandum of Association, List of Current members and Amended

Rules and Regulations of the said Society.

He has produced the downloaded copy of Recognition letter vide no. : WRC/WRCAPP1807/E.El. Ed./197/MP/2012-13/112584 dated 13.01.2017 issued by the Regional Director, National Council VB 25.10.2017 for Teacher Education, Western Regional Committee, Bhopal, MP to the petitioner’s institution.

It is stated in the petition that on 22.08.2016, the petitioner institution had applied to the State Government for grant of minority status certificate and the same is still pending. Despite service of notice, the competent authority of the State Government has failed to apprise the Commission about the status of the said application.

Pendency of the said application for such a disproportionately long period clearly indicates government’s disinclination to grant minority status certificate to the petitioner institution. Petitioner’s right to get minority status certificate cannot be kept under suspended animation.

In this view of the matter, it is a fit case for intervention by this

Commission.

The petitioner institution has applied for grant of minority status certificates on the ground that the same has been established and is being administered by ‘Vikash Education and Environment Academy

Samiti’ which is a registered Society, constituted by members of the

Jain Community. All members of the said Society are also Jain. The aforesaid averments made in the petitions find ample corroboration from the documentary evidence produced on behalf of the petitioner institution and the affidavit of Mr. Namit Jain.

The amended Memorandum and Association of the said

Society clearly reflects that the beneficiaries of the petitioner institution are members of the Jain community. In addition, the said fact also stands proved from the affidavit of Mr. Namit Jain. There is no evidence on record to rebut the documentary evidence produced on behalf of the petitioner institution.

VB 25.10.2017 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 Vikash Education and

Environment Academy (V.E.E. Academy), Village Shalupura, Shitoli,

Gwalior, Madhya Pradesh-474001 run by ‘Vikash Education and

Environment Academy Samiti’, 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 Jain Community. Consequently, Vikash Education and

Environment Academy (V.E.E. Academy), Village Shalupura, Shitoli,

Gwalior, Madhya Pradesh-474001 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

VB 25.10.2017 F.NO. 318 OF 2017

NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Present : Mr. Junais 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 filed his power. He has filed the amended petition in the prescribed format.

He has filed the Unique ID No. MP/2017/0167281 of the petitioner society as given by the Niti Aayog portal ngodarpan.gov.in.

Learned Counsel for the petitioner filed the affidavit of

Ms. Neera Khan, Secretary, Anjum Nisha Shiksha Prachar Prasar

Samiti in support of the averments made in the petition and also to prove that the beneficiaries of the petitioner institution are members of the Muslim Community.

He has produced the original Certificate of Registration of

‘Anjum Nisha Shiksha Prachar Prasar Samiti’ which was returned to him after due verification.

He has filed the certified copies of Memorandum of

Association, List of Founding Members, Rules and Regulations of the said society. He has also filed the certified copies of amended

Memorandum of Association, List of Current members and Amended

Rules and Regulations of the said Society.

He has produced the downloaded copy of Recognition letter vide no. : WRC/NCTE/APP201660208/9832/222/275th/D.El.Ed./(MP)/

VB 25.10.2017 2017/185837 dated 08.05.2017 issued by the Regional Director,

National Council for Teacher Education, Western Regional

Committee, Bhopal, MP to the petitioner’s institution.

It is stated in the petition that on 22.08.2016, the petitioner institution had applied to the State Government for grant of minority status certificate and the same is still pending. Despite service of notice, the competent authority of the State Government has failed to apprise the Commission about the status of the said application.

Pendency of the said application for such a disproportionately long period clearly indicates government’s disinclination to grant minority status certificate to the petitioner institution. Petitioner’s right to get minority status certificate cannot be kept under suspended animation.

In this view of the matter, it is a fit case for intervention by this

Commission.

The petitioner institution has applied for grant of minority status certificates on the ground that the same has been established and is being administered by ‘Anjum Nisha Shiksha Prachar Prasar Samiti’ which is a registered Society, constituted by members of the Muslim

Community. All members of the said Society are also Muslim. The aforesaid averments made in the petitions find ample corroboration from the documentary evidence produced on behalf of the petitioner institution and the affidavit of Ms. Neera Khan.

The amended Memorandum and Association of the said

Society clearly reflects that the beneficiaries of the petitioner institution are members of the Muslim community. In addition, the said fact also stands proved from the affidavit of Ms. Neera Khan. There is no evidence on record to rebut the documentary evidence produced on behalf of the petitioner institution.

VB 25.10.2017 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 Firdoos College of Education,

Kuleith, Gwalior, Madhya Pradesh-474001 run by Anjum Nisha

Shiksha Prachar Prasar Samiti, 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 Muslim Community. Consequently, Firdoos College of

Education, Kuleith, Gwalior, Madhya Pradesh-474001 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

VB 25.10.2017