Mount Carmel English High School, No. 1, Muthaliyar Street, Sellur, Thirunallar, Karaikal District, Puduchery
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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS Mount Carmel English High School, No. 1, Muthaliyar Street, Sellur, Thirunallar, Karaikal District, Puduchery. V/s. Secretary to Government (Education), Chief Secretariat No. 1, Goubert Avenue, Beach Road, Puduchery. Case No. 134 of 2019 18.03.2021 Present: Mr. B. Mathews, Advocate for the petitioner. None for the respondent. Despite service of registered notice, none appeared on behalf of respondent. Learned counsel for the petitioner submitted that they have filed all the relevant documents before the Commission’s Office. In the interest of justice, list on 06.04.2021. JUSTICE NARENDRA KUMAR JAIN CHAIRMAN DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS Mary Immaculate Heat Matric Hr. Sec. School, Kariyandal Village, Maruthuvambadi P.O., Thiruvannamalai District, Tamil Nadu. V/s. Principal Secretary, Higher Education Department, Government of Tamil Nadu. Case No. 135 of 2019 18.03.2021 Present: Mr. B. Mathews, Advocate for the petitioner. None for the respondent. Learned counsel for the petitioner filed an application under Order 8 Rule 9 and Section 151 C.P.C. read with Section 12 of the NCMEI Act, 2004, to accept the Rejoinder Affidavit. He has also filed a extra copy of the above along with an envelope and postal stamp, by hand before the Commission’s Office on dated 11.03.2021, which are taken on record. Office is directed to issue notice of the above application to the respondent. List on 28.04.2021. JUSTICE NARENDRA KUMAR JAIN CHAIRMAN DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS Sacred Heart Matriculation School, Avoor, Vettavalm, Near Vizhupuram, Thiruvannamalai, Tamil Nadu. V/s. Principal Secretary, Higher Education Department, Government of Tamil Nadu. Case No. 136 of 2019 18.03.2021 Present: Mr. B. Mathews, Advocate for the petitioner. None for the respondent. Learned counsel for the petitioner filed an application under Order 8 Rule 9 and Section 151 C.P.C. read with Section 12 of the NCMEI Act, 2004, to accept the Rejoinder Affidavit. He has also filed a extra copy of the above along with an envelope and postal stamp, by hand before the Commission’s Office on dated 11.03.2021, which are taken on record. Office is directed to issue notice of the above application to the respondent. List on 28.04.2021. JUSTICE NARENDRA KUMAR JAIN CHAIRMAN DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS Annai Theresa College of Education for Women, Theresapuram Pavithiram, Post – Thiruvannamalai, Tamil Nadu. V/s. Principal Secretary, Higher Education Department, Government of Tamil Nadu. Case No. 137 of 2019 18.03.2021 Present: Mr. B. Mathews, Advocate for the petitioner. None for the respondent. Learned counsel for the petitioner filed an application under Order 8 Rule 9 and Section 151 C.P.C. read with Section 12 of the NCMEI Act, 2004, to accept the Rejoinder Affidavit. He has also filed a extra copy of the above along with an envelope and postal stamp, by hand before the Commission’s Office on dated 11.03.2021, which are taken on record. Office is directed to issue notice of the above application to the respondent. List on 28.04.2021. JUSTICE NARENDRA KUMAR JAIN CHAIRMAN DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS Carmel Matriculation School, 42, Uppukkara Street, Valangaiman, Tiruvarur District, Tamil Nadu. V/s. Principal Secretary, Higher Education Department, Government of Tamil Nadu. Case No. 138 of 2019 18.03.2021 Present: Mr. B. Mathews, Advocate for the petitioner. None for the respondent. Learned counsel for the petitioner filed an application under Order 8 Rule 9 and Section 151 C.P.C. read with Section 12 of the NCMEI Act, 2004, to accept the Rejoinder Affidavit. He has also filed a extra copy of the above along with an envelope and postal stamp, by hand before the Commission’s Office on dated 11.03.2021, which are taken on record. Office is directed to issue notice of the above application to the respondent. List on 28.04.2021. JUSTICE NARENDRA KUMAR JAIN CHAIRMAN DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS Jai Narsingh College of Education, Khasra No. 150/1, Gram Jambdudi Hapsi, Tehsil Hatod, District Indore, Madhya Pradesh. Vs Secretary, Backward Classes and Minority Welfare Department, Government of Madhya Pradesh, Room No. 339, Mantralaya, Bhopal, Madhya Pradesh. Case No. 142 of 2019 18.03.2021 Present: Mr. Junais P., Advocate for the petitioner. None for the respondent. Learned counsel for the petitioner has filed four documents which are taken on record on previous date of hearing 04.03.2021. Learned counsel for the petitioner has not filed any application in compliance of the earlier Order dated 01.12.2020 and prayed for time for the same. In the interest of justice, time prayed for is allowed. List on 19.05.2021. JUSTICE NARENDRA KUMAR JAIN CHAIRMAN DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS Madarsa Hanfiya Hafeezul Uloom, Naikepurwa Mauja Ram Bhari Post - Bhaghar Buland, Block - Jhanjari, District - Gonda, Uttar Pradesh V/s. The Additional Chief Secretary, Department of School Education, Government of Uttar Pradesh, Bahu Khandi, Secretariat, Lucknow, Uttar Pradesh Case No. 402 of 2019 18.03.2021 Present: None. None appeared on behalf of both the parties, even in second round. In the interest of justice, issue notice to both the parties for final hearing by email. List on 20.04.2021. JUSTICE NARENDRA KUMAR JAIN CHAIRMAN DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS Dagshai Public School, Dagshai Cantt, District - Solan, Shimla Hills, Himachal Pradesh V/s. The Director, Directorate of Higher Education, shimla - 1, Himachal Pradesh Case No. 406 of 2019 18.03.2021 Present: Mr. Junais P., Advocate for the petitioner. None for the respondent. Learned counsel for the petitioner has again prayed for time to file certified copies of the relevant documents. In the interest of justice, time prayed for is allowed. List on 20.04.2021. JUSTICE NARENDRA KUMAR JAIN CHAIRMAN DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS Mount Carmel Convent School, Bairagarh Chichli, Kolar Road, Bhopal, Madhya Pradesh V/s. Secretary, Backward Classes and Minority Welfare Department, Bhopal, Madhya Pradesh Case No. 424 of 2019 18.03.2021 Present: None. None appeared on behalf of the petitioner, even in second round. On last occasion dated 07.01.2021, none was present on behalf of the petitioner. It is also transpires from the record that the petitioner has not applied to the Competent Authority of the State Government for grant of NOC. 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 waited sufficiently. The Commission has been forced to dismiss the petition. Hence, the petition is dismissed in default. JUSTICE NARENDRA KUMAR JAIN CHAIRMAN DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS Dr. V.S. Issac Aiyya Medical College & Research Institute, 126, Attupakkam Manajambadi Railway Gate, Arrakkonam Taluk, Vellore District, Tamil Nadu V/s. Principal Secretary, Health & Family Welfare Department, Secretariat, Chennai, Tamil Nadu Case No. 427 of 2019 18.03.2021 Present: None. None appeared on behalf of the petitioner, even in second round. On last occasion dated 07.01.2021, none was present on behalf of the petitioner. It is also transpires from the record that the petitioner has not applied to the Competent Authority of the State Government for grant of NOC. 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 waited sufficiently. The Commission has been forced to dismiss the petition. Hence, the petition is dismissed in default. JUSTICE NARENDRA KUMAR JAIN CHAIRMAN DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS St. Mary’s School, Nr. Osho Ashram, Porbander Road, Upleta, Rajkot Dt., Gujarat. V/s. Commissioner of Schools, Block No. 9-1, Dr. Jivraj Meheta Bhawan, Gandhinagar, Gujarat – 382 010. Case No. 608 of 2019 18.03.2021 Present: Mr. B. Mathews, Advocate for the petitioner. None for the respondent. Learned Counsel for the petitioner prayed for time to file an application, relevant documents and Recognition/Affiliation Certificate from State/Central Board of Secondary Education (CBSE). In the interest of justice, time prayed for is allowed.