MSC Order 14Th Dec 2017
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F. NO. 1041 OF 2015 NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS Present: Mr. Junais P., Advocate for the petitioner. Mr. Vijay Shankar V.L., Proxy counsel for Mr. G. Prakash, Advocate for the respondent. Learned counsel for the petitioner has filed the affidavit of Dr. A. Younus Kunju 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. It is stated in the petition that on 4.1.2015 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 certificates 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. It is stated in the affidavit of Dr. A. Younus Kunju that the petitioner institution is under single management managed by him. The petitioner institution is an aided institution recognized by the competent authority. The founder members and present manager of the institution is belonged to the Muslim minority community. The applicant institution was established in the year 1979 by Dr. A. Younus Kunju and still he is continuing as the Manager of the petitioner institution. The certificates dated 20.7.2015 and 30.11.2015 issued by the District Educational Officer, Kollam certifying the said facts have already been filed by the petitioner. Proxy counsel for the respondent has not disputed the aforesaid facts. The petitioner institution has applied for grant of minority status certificate on the ground that the same is being administered by an individual Muslim. 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. In view of the admitted facts, we find and hold that A.K.M. Higher Secondary School, Mylapore, Umayanalloor P.O., Kollam District, Kerala- 691 589 run by an individual Muslim, Dr. A. Younus Kunju 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, A.K.M. Higher Secondary School, Mylapore, Umayanalloor P.O., Kollam District, Kerala- 691 589 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 14.12.2017 MD F. NO. 402 OF 2015 NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS Present: Mr. Ankur Jaitly, Advocate for the petitioner. Mr. Vijay Shankar V.L., Proxy counsel for Mr. G. Prakash, Advocate for the respondent. Vide order dated 5.12.2017, the case was dismissed for want of action on part of the petitioner. Learned counsel for the petitioner has filed an application requesting for restoration of the case. For the reason stated in the application, it is allowed and the case is restored to its original number. He state that the name of the petitioner society is Vadakethu Educational Society which was typographically written wrongly in the English translation of the said certificate. He is allowed to amend the name of the society in the English translation of the Certificate of Registration of the petitioner society. He has filed the affidavit of Mrs. Shantha Bose 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 Unique ID No. KL/2017/0160854 of the petitioner society given by the Niti Aayog portal ngodarpan.gov.in. Since the petitioner institution is affiliated to ICSE, the State Government does not have power to grant minority status certificate as sought by the petitioner. Hence, 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 same has been established and is being administered by the Vadakethu Educational Society, which is a registered society, constituted by the members of the Christian community. All the 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 Mrs. Shantha Bose. 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 Mrs. Shantha Bose. 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 Good Shepherd English Medium School, Kuriannoor, Pathanamthitta, Kerala- 689 550 run by the Vadakethu Educational 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, Good Shepherd English Medium School, Kuriannoor, Pathanamthitta, Kerala- 689 550 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 14.12.2017 MD F. NO. 863 OF 2015 NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS Present: Mr. Junais P., Advocate for the petitioner. Mr. Vijay Shankar V.L., Proxy counsel for Mr. G. Prakash, Advocate for the respondent. Vide order dated 26.10.2017, the case was fixed for hearing on 7.3.2018. Learned counsel for the petitioner has filed an application requesting to take up the case today. The application is allowed and the case is taken up today. He has filed the copy of the Unique ID No. KL/2017/0174673 of the petitioner trust given by the Niti Aayog portal ngodarpan.gov.in. It is stated in the petition that on 14.6.2013 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 certificate on the ground that the same has been established and is being administered by the Allama Iqbal Memorial Service & Educational Trust, which is a registered trust, constituted by the members of the Muslim community. All the trustees of the said trust are also Muslim. 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 Mr. Sidheeq P.T. The amended trust deed of the said trust 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 Mr. Sidheeq P.T. Proxy counsel for the respondent has not disputed the aforesaid facts. 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 Allama Public School, Thazhekode P.O., Perinthalmanna Via, Malappuram District, Kerala- 679 332 run by the Allama Iqbal Memorial Service & Educational Trust 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, Allama Public School, Thazhekode P.O., Perinthalmanna Via, Malappuram District, Kerala- 679 332 is declared as a minority educational institution within the meaning of Section 2(g) of the National Commission for Minority Educational Institutions Act.