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MSC Order 9Th Jan 2018

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MSC Order 9Th Jan 2018 F. NO. 290 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 has filed the certified copies of the Certificate of Registration, Memorandum of Association, Rules & Regulations, amended Memorandum of Association of the John Haw Service Society. He has filed the affidavit of Sr. Sunanda Koikkara 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 certificate dated 11.10.2017 issued by the Inspector of Matriculation Schools, Tirunelveli certifying that the petitioner institution is a recognized institution. He has filed a copy of the Unique ID No. KL/2017/0169977 of the petitioner society as given by the Niti Aayog portal ngodarpan.gov.in. It is stated in the petition that on 20.5.2016 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 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. The petitioner institution has applied for grant of minority status certificate on the ground that the same has been established and administered by the John Haw Service 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 Sr. Sunanda Koikkara. 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. Sunanda Koikkara. 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 St. John’s Matriculation School, Thoothoor P.O., Ezhudesam Village, Vilavancode Taluk, Kanyakumari Distt., Tamil Nadu- 629 176 run by the John Haw Service 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. John’s Matriculation School, Thoothoor P.O., Ezhudesam Village, Vilavancode Taluk, Kanyakumari Distt., Tamil Nadu- 629 176 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. NAHEED ABIDI MEMBER 9.1.2018 MD F. NO. 415 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 is allowed to amend Col. No. 1(a) of the petition. He has filed rejoinder to the reply filed by the respondent. He has produced the original Trust Deed dated 25.7.1994, Supplementary Trust Deed dated 22.2.2002 and 1.2.2017 of the Brotherhood Education Trust, which after due verifications were returned to him. He has filed the affidavit of Mrs. Jesintha Anton Cruz 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 produced the original certificate dated 12.11.2015 issued by the CBSE certifying that the petitioner institution is provisionally affiliated to the said board. He has filed a copy of the Unique ID No. TN/2017/0154007 of the petitioner trust as given by the Niti Aayog portal ngodarpan.gov.in. Since the petitioner institution is affiliated to CBSE, 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. It is stated in the petition that on 19.5.2016 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 also filed the rejoinder to the said reply, which are 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 administered by the Brotherhood Education Trust, which is a registered trust, constituted by the members of the Christian community. All the trustees of the said trust 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. Jesintha Anton Cruz. 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. Jesintha Anton Cruz. 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 Gateway International School, Jebakadal Street, Padur Village, Kelambakkam, Kancheepuram, Tamil Nadu- 603 301 run by the Brotherhood Education 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 Christian community. Consequently, Gateway International School, Jebakadal Street, Padur Village, Kelambakkam, Kancheepuram, Tamil Nadu- 603 301 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. NAHEED ABIDI MEMBER 9.1.2018 MD F. NO. 367 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. This is a batch of 02 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 Broadway Don Bosco Society. Other case has been registered as Case No. 372 of 2017. Since a common question of law and fact is involved in both the cases, they are being disposed of by this common order. It is, therefore, ordered that the record of Case No. 372 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 rejoinder in Case No. 367 of 2017. He has filed the certified copies of the Certificate of Registration, Memorandum of Association, Rules & Regulations, amended Memorandum of Association of The Broadway Don Bosco Society. He has filed the affidavits of Rev. Fr. Rajan Pushpam in support of the averments made in the petition and also to prove that the beneficiaries of the petitioner institutions are members of the Christian community. He has filed the true copy of the order dated 7.8.92 issued by the Joint Director of School Education, Tamil Nadu in Case No. 367 of 2017. He has produced the original order dated 10.5.2017 issued by the District Primary Education Officer, Chennai in Case No. 372 of 2017, which after due verification was returned to him. The said orders are in Tamil language. English translations thereof duly notarized by the Notary Public have been filed. He has filed a copy of the Unique ID No. TN/2017/0151607 of the petitioner society as given by the Niti Aayog portal ngodarpan.gov.in. It is stated in the petitions that on 16.3.2016 the petitioner institutions had applied to the State Government for grant of minority status certificate and the same are still pending.
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