Malappuram District, Kerala V/S. the Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala – 695001
GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
Madaru Dawathil Islamiyya Destitute Home, C.M. Nagar, Karulai P.O., Nilambur (Via), Malappuram District, Kerala V/s. The Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala – 695001
CASE NO. 337 of 2019 18.11.2020
Present: None.
None appeared on behalf of both the parties, even in second round. In the interest of justice, list on 05.08.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER SR
GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
A.M.U.P. School, Vaniyannur (Aided), P.O., Iringavoor, Tirur, Malappuram, Kerala V/s. The Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala – 695001
CASE NO. 343 of 2019 18.11.2020
Present: None.
None appeared on behalf of both the parties, even in second round. Mr. Abdurahim. A. Advocate filed a certificate and also an affidavit of Sri K. Abdul Majeed, Manager, A.M. U.P. School, Kerala, which are taken on record. In the interest of justice, list on 05.08.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
VPLPS Karathur (Aided), Codackal P.O.,Tirur, Malappuram, Kerala V/s. The Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala – 695001
CASE NO. 344 of 2019 18.11.2020
Present: None.
None appeared on behalf of both the parties, even in second round. Mr. Abdurahim. A. Advocate filed a certificate and also an affidavit of Smt. Fathima T.V., Manager, VPLPS Karathur (Aided), which are taken on record. In the interest of justice, list on 05.08.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
A.M.U.P. School, Parakkal (Aided), Kalpakanchery Kanmanam P.O., Malappuram District, Kerala V/s. The Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala – 695001
CASE NO. 345 of 2019 18.11.2020
Present: None.
None appeared on behalf of both the parties, even in second round. Mr. Abdurahim. A. Advocate filed a certificate and also an affidavit of Mr. Basheer Padiyath, Manager, A.M.U.P. School, Parakkal (Aided), which are taken on record. In the interest of justice, list on 05.08.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
A.M.L.P.S. Cherai (Aided), Cherai, Andathode P.O., Thrissure, Kerala V/s. The Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala – 695001
CASE NO. 346 of 2019 18.11.2020
Present: None.
None appeared on behalf of both the parties, even in second round. Mr. Abdurahim. A. Advocate filed a certificate and also an affidavit of Shri Muhammed Farooq P.K., Manager, A.M.L.P.S. Cherai (Aided), which are taken on record. In the interest of justice, list on 05.08.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
Cheruvannur West ALP School (Aided), Cheruvannur, Kolathara, Kozhikode District, Kerala V/s. The Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala – 695001
CASE NO. 348 of 2019 18.11.2020
Present: None.
None appeared on behalf of both the parties, even in second round. Mr. Abdurahim. A. Advocate filed a certificate and also an affidavit of Shri Abdul Nasar P.M., Manager, Cheruvannur West ALP School (Aided), which are taken on record. In the interest of justice, list on 05.08.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
S.V.A.L.P. School Edayoor (Aided), Edayoor North P.O., Malapuram, Kerala V/s. The Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala – 695001
CASE NO. 349 of 2019 18.11.2020
Present: None.
None appeared on behalf of both the parties, even in second round. Mr. Abdurahim. A. Advocate filed a certificate and also an affidavit of Shri Kunchachu M., Manager, S.V.A.L.P. School Edayoor (Aided), which are taken on record. In the interest of justice, list on 05.08.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
C.H. Mohammed Koya Memorial U.P. School (Aided), Mundakkulam, Muthuparamba P.O., Mallapuram District, Kerala V/s. The Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala – 695001
CASE NO. 350 of 2019 18.11.2020
Present: None.
None appeared on behalf of both the parties, even in second round. Mr. Abdurahim. A. Advocate filed a certificate and also an affidavit of Shri Muhammedkutty P., Manager, C.H. Mohammed Koya Memorial U.P. School (Aided), which are taken on record. In the interest of justice, list on 05.08.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
Jamia Arabia Public Scool, G-Block, Gali No. 18, Old Mustafabad, Delhi V/s. The Assistant Director of Education (Act), Directorate of Education, Government of NCT of Delhi, Room No. 214-A, Old Secretariat, Delhi – 110054
CASE NO. 351 of 2019 18.11.2020
Present: None.
None appeared on behalf of the petitioner, even in second round. In the interest of justice, list on 04.08.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
Jamia Arabia Public School (Aided), G-Block, Gali No. 18, Old Mustafabad, Delhi V/s. The Assistant Director of Education (Act), Directorate of Education, Government of NCT of Delhi, Room No. 214-A, Old Secretariat, Delhi – 110054.
CASE NO. 353 of 2019 18.11.2020
Present: None.
None appeared on behalf of both the parties, even in second round. Mr. Abdurahim. A. Advocate filed a certificate and also an affidavit of Shri M. Salim M.M., Manager, Jamia Arabia Public School (Aided), which are taken on record. In the interest of justice, list on 05.08.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
Don Bosco Higher Secondary School, 130, Madhavaram High Road, Perambur, Chennai, Tamil Nadu V/s. The Principal Secretary, School Education Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai - 600009, Tamil Nadu
CASE NO. 357 of 2019 18.11.2020
Present: Mr. Robin Raju, Advocate for the petitioner None for the respondent.
Learned Counsel for the petitioner filed rejoinder affidavit on behalf of the petitioner along with envelope and postal charges, before the Commission’s Office on dated 10.11.2020, which are taken on record. Learned Counsel for the petitioner prayed for time to file an application under Order 8 Rule 9 and Section 151 C.P.C. In the interest of justice, time prayed for is allowed. List on 05.08.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
A.N. Girls Degree College, Fatehpur Tl Ratoy, Madhuban, District - Mau, Uttar Pradesh V/s The Principal Secretary, Higher Education, Department of Education, Government of Uttar Pradesh,Bahu Khandi, Secretariat, Lucknow, Uttar Pradesh – 226001
CASE NO. 362 of 2019 18.11.2020
Present: None.
None appeared on behalf of both the parties, even in second round. Respondent has sent a letter dated 11.11.2019 by post, which is received before the Commission’s Office on dated 18.11.2019, which is taken on record. In the interest of justice, list on 10.08.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
Anjuman Riaz-Ul- Islam, 201-A, Garden Apartment, Grit Complex, Opp. Indian Oil Nagar, Chembur (W), Mumbai. V/s. Chief Secretary, Minority Development Department, Government of Maharashtra.
Appeal No. 19 of 2019 18.11.2020
Present: None.
None appeared on behalf of both the parties, even in second round. On last occasion dated 28.01.2020, none was present on behalf of the appellant. In compliance with the earlier Order dated 28.01.2020, notice was issued to the respondent. But due to Covid-19 pandemic, the case was not listed in the Court of the Commission on dated 22.04.2020 and thereafter, this case was fixed today. This appeal is barred by limitation. In the interest of justice, list on 20.01.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
Sant Nischal Public School, Through its Principal, Smalkha Road, Ladwa - 136132, Kurukshetra, Haryana V/s. The Principal Secretary, School Education Department for Schools / Primary Schools, Room No. 37, 7th Floor, Haryana Civil Secretariat, Sector - 1, Chandigarh – 160001
Appeal No. 28 of 2019 18.11.2020
Present: Mr. Sukumar, Advocate for the petitioner None for the respondent.
Mr. Sukumar, Advocate appeared on behalf of the arguing counsel Ms. Pallavi Pratap and prayed for time to comply with the earlier Order dated 18.03.2020. In the interest of justice, time prayed for is allowed. List on 11.03.2021
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
Sant Nischal Public School, Through its Principal, Jagadhari Road, Yamunanagar - 135001, Haryana V/s 1. The Principal Secretary, School Education Department for Schools / Primary Schools, Room No. 37, 7th Floor, Haryana Civil Secretariat, Sector - 1, Chandigarh – 160001
Appeal No. 29 of 2019 18.11.2020
Present: Mr. Sukumar, Advocate for the petitioner None for the respondent.
Mr. Sukumar, Advocate appeared on behalf of the arguing counsel Ms. Pallavi Pratap. In compliance with the earlier Order dated 27.11.2019, notices were issued to the respondent. But due to Covid-19 pandemic, the case was not listed in the Court of the Commission on dated 22.04.2020 and thereafter, this case was fixed today. Appellant has filed an affidavit before the Commission’s Office on dated 21.01.2020, which is taken on record. In the interest of justice and due to Covid-19 Pandemic, Learned Counsel for the appellant 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 regd. notice to the respondent. List on 11.03.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER SR GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
Delhi Global Institute of Management, Jasana, Faridabad, Haryana. Vs. Additional Chief Secretary Govt. of Haryana Higher Education Department for General Colleges & Technical Education Department for Technical Institutions Room no. 403, 4th Floor Haryana New Secretariat, Sector-17, Chandigarh.
Misc. No. 01 of 2020 18.11.2020
Present: None.
None appeared on behalf of the applicant. Despite service of regd. notice, none appeared on behalf of the respondent. In the interest of justice and due to Covid-19 pandemic, applicant is directed to submit an envelope and postal charges for sending notice again to the respondent. After compliance of the above order by the Applicant, Office is directed to issue regd. notice to the respondent. List on 10.03.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER SR
GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
18.11.2020
Akal Academy Gomtipul, Navadia Sultanpur, Puranpur, Pillibhit, Uttar Pradesh. 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 duplicate minority status certificates to Akal Academy Gomtipul, Navadia Sultanpur, Puranpur, Pillibhit, Uttar Pradesh, has been received by hand on 22.10.2020. It be registered. It transpires from the records that a person has filed an affidavit which is not in proper affidavit format and applicant has also not filed result of investigation of complaint filed for missing Minority Status Certificate. Office is directed to register this case in the miscellaneous head and tag the previous case files no. 829 of 2008 with this application. Petitioner has also not filed envelop with postage charges for sending notice to the respondent. Office is directed to issue letter to the applicant institute for compliance of the above order. In the interest of justice, list on 07.04.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER
A.K.
GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
18.11.2020.
Bethel Mission English Medium Hr. Sec. School, Amarkantak Road, Sakariya, Village - Dulhara, P.O. - Anuppur, District - Anuppur, Madhya Pradesh - 484224. Vs. Secretary, Backward Classes and Minority Welfare Department, Government of Madhya Pradesh, Room No. 339, Mantralaya, Bhopal, Madhya Pradesh - 462004.
Present: Mr. Ankur Jaitely, advocate for the petitioner.
An application for grant of minority status certificate to Bethel Mission English Medium Hr. Sec. School, Amarkantak Road, Sakariya, Village - Dulhara, P.O. - Anuppur, District - Anuppur, Madhya Pradesh - 484224 has been received by post on 27.10.2020. It be registered. It transpires from the petition that on 16.12.2019, the petitioner has applied for grant of No Objection Certificate to the State Competent Authority i.e. Secretary, Backward Classes and Minority Welfare Department, Government of Madhya Pradesh, Room No. 339, Mantralaya, Bhopal, Madhya Pradesh – 462004, but petitioner has not filed the proof of service of letter dated 16.12.2019. 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 mentioned school level as Higher Secondary in the application but recognition/affiliation certificate filed with this petition is only upto class 8th . Designation of signatory of declaration part of application is different in MoA than application. Mr. Ankur Jaitely, advocate appeared on behalf of the petitioner and prayed for some time to file Vakalatnama and certain relevant documents. Time prayed for is allowed. In the interest of justice, list on 13.05.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER Ash. GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
18.11.2020.
St. Claret School, Barakala Kothi P.O., Satna, Madhya Pradesh - 485666. Vs. Secretary, Backward Classes and Minority Welfare Department, Government of Madhya Pradesh, Room No. 339, Mantralaya, Bhopal, Madhya Pradesh - 462004.
Present: Mr. Robin Raju, advocate for the petitioner.
An application for grant of minority status certificate to St. Claret School, Barakala Kothi P.O., Satna, Madhya Pradesh - 485666 has been received by post on 27.10.2020. It be registered. It transpires from the petition that on 14.02.2020 the petitioner has applied for grant of No Objection Certificate to the State Competent Authority i.e. Secretary, Backward Classes and Minority Welfare Department, Government of Madhya Pradesh, Room No. 339, Mantralaya, Bhopal, Madhya Pradesh – 462004, but petitioner has not filed the proof of service of letter dated 16.12.2019. 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. It also transpires from the records that list of current society members filed with this petition is not certified by the registrar of societies and recognition/affiliation certificate is not issued by the Central/State Examination Board. Office is directed to tag the file no. 400 of 2017 with this case. Mr. Robin Raju, advocate appeared on behalf of the petitioner and prayed for some time to file his Vakalatnama and certain relevant documents. Time prayed for is allowed. In the interest of justice, list on 10.08.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER Ash. GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
18.11.2020.
Gyankunj International School, Khandwa Road, Khargone, Madhya Pradesh - 451001. Vs. Backward Classes and Minority Welfare Department, Government of Madhya Pradesh, Room No. 339, Mantralaya, Bhopal, Madhya Pradesh - 462004.
Present: None.
An application for grant of minority status certificate to Gyankunj International School, Khandwa Road, Khargone, Madhya Pradesh - 451001 has been received by post on 27.10.2020 from the petitioner. 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 submitted incomplete and blank application for grant of Minority Status Certificate without mandatory supporting documents Petitioner has also not filed 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 10.08.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER Ash. GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS
18.11.2020.
Gyankunj International, Khandwa Road, Khargone, Madhya Pradesh - 451001. Vs. Backward Classes and Minority Welfare Department, Government of Madhya Pradesh, Room No. 339, Mantralaya, Bhopal, Madhya Pradesh - 462004.
Present: None.
An application for grant of minority status certificate to Gyankunj International, Khandwa Road, Khargone, Madhya Pradesh - 451001 has been received by post on 27.10.2020 from the petitioner. 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 submitted incomplete and blank application for grant of Minority Status Certificate without mandatory supporting documents Petitioner has also not filed 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 10.08.2021.
JUSTICE NARENDRA KUMAR JAIN CHAIRMAN
DR. BALTEJ SINGH MANN MEMBER
DR. NAHEED ABIDI MEMBER
DR. JASPAL SINGH MEMBER Ash.