GOVERNMENT OF NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

St. Cecily's Industrial School for Girls, Kamraj Road, , , . V/s. The Principal Secretary, School Education Department, Government of Tamil Nadu.

CASE NO. 246 of 2019 20.10.2020

Present: Mr. B. Mathews, Advocate for the petitioner None for the respondent.

Learned Counsel for the petitioner has submitted that they have already filed all the relevant documents before the Commission’s office. Petitioner institution has applied to NCMEI for grant of Minority Status Certificate. In the facts and circumstances of the case we deem just and proper that physical inspection report alongwith the recommendation for issuance of the minority status certificate to the petitioner institution, may be obtained from the committee consisting of following members: - 1. Representative of the District Collector (Chairperson 2. Concerned District Education Officer (Member) 3. District Minority /Welfare Officer/ District Social Welfare Officer (Member Secretary) Office is directed to issue letter to the above Committee members for submitting the report. List on 06.05.2021.

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

Saudia Oriental Arabic Higher Secondary School, Chinthamanipatty District, Tamil Nadu. V/s. The Principal Secretary, School Education Department, Government of Tamil Nadu, , Tamil Nadu.

CASE NO. 247 of 2019 20.10.2020

Present: None.

None appeared on behalf of both the parties.

In the interest of justice and due to Covid-19 pandemic, list on 11.05.2021.

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

Darul Uloom Saudia Arabic College, Chinthamanipatty, Karur District, Tamil Nadu. V/s. The Principal Secretary, Higher Education Department, Government of Tamil Nadu, Chennai, Tamil Nadu.

CASE NO. 248 of 2019 20.10.2020

Present: None.

None appeared on behalf of both the parties.

In the interest of justice and due to Covid-19 pandemic, list on 11.05.2021.

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

St. Gabriel's Aided Primary School, Pasupathikoil P.O., Papanasam (T.K.), Thanjavur, Tamil Nadu. V/s. The Principal Secretary, School Education Department, Government of Tamil Nadu.

CASE NO. 249 of 2019 20.10.2020

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.PC. read with Section 12 of the NCMEI Act, 2004, to accept the Rejoinder before the Commission’s Office on dated 14.10.2020 by hand, which is taken on record. Learned counsel for the petitioner is directed to submit an envelope and postal charges for sending notice to the respondent of above application. After compliance of the above order by the Petitioner, Office is directed to issue notice to the respondent. List on 11.05.2021.

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

R.C. Aided Elementary School, Jayankondam P.O., (T.K.), Ariyur District, Tamil Nadu. V/s. The Principal Secretary, School Education Department, Government of Tamil Nadu, Chennai, Tamil Nadu.

CASE NO. 250 of 2019 20.10.2020

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.PC. read with Section 12 of the NCMEI Act, 2004, to accept the Rejoinder before the Commission’s Office on dated 14.10.2020 by hand, which is taken on record. Learned counsel for the petitioner is directed to submit an envelope and postal charges for sending notice to the respondent of above application. After compliance of the above order by the Petitioner, Office is directed to issue notice to the respondent. List on 11.05.2021.

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

Saint Arnold’s School, HIG – 489, K – 5, Kalinga Vihar, Khurda, Bhubaneswar Dt., Orissa. V/s. Director, Secondary Education Department, Government of Odisha.

CASE NO. 653 of 2019 20.10.2020

Present: Mr. B. Mathews, Advocate for the petitioner None for the respondent.

Learned Counsel for the petitioner again prayed for time to comply with the earlier Order dated 24.10.2019 and also to file the certified copies of relevant documents. In the interest of justice, time prayed for is allowed. List on 11.05.2021.

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

Little Flower Nursery & Primary School, Ramanputhur, , Kanyakumari Dt., T.N. V/s. Principal Secretary to Government, Health and Family Welfare Department, Government of T.N.

CASE NO. 655 of 2019 20.10.2020

Present: Mr. B. Mathews, Advocate for the petitioner None for the respondent.

Respondent has sent by post Counter Affidavit before the Commission’s Office on dated 13.08.2020, which is taken on record. Office is directed to supply a copy of the Counter Affidavit to the learned counsel for the petitioner. In the interest of justice, list on 11.05.2021.

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

Sri Krishna Singh College, Shahpurpatti, Bhojpur, Bihar - 802301. Vs. Secretary, Human Resource Development Department, Government of Bihar, Secretariat, Patna, Bihar - 800015.

CASE NO. 235 of 2020 20.10.2020

Present: None.

Despite notice, none appeared on behalf of the petitioner. Due to Covid-19 pandemic and in the interest of justice, office is directed to issue show cause notice again to the petitioner, for filing the original proof of service for letter dated 16.09.2019. List on 11.05.2021.

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

Madarsa Darul Uloom Mufti - e- Azam - e-Hind, Village & Post - Gajadharpur, Tehsil - Kalserganj, District - Bahraich, Uttar Pradesh. Vs. Additional Chief Secretary, Department of Higher Education, Government of Uttar Pradesh, Bahu Khandi, Secretariat, Lucknow, Uttar Pradesh - 226001.

CASE NO. 236 of 2020 20.10.2020

Present: Mohd. Sultan Raza Noori, Manager for the petitioner. None for the respondent.

In compliance of notice, Mr. Sultan Raza Noori present in person on behalf of the petitioner. Petitioner seeks leave to withdraw the petition with liberty to file fresh petition for the same relief. Leave and liberty is granted The petition is disposed of as withdrawn.

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

20.10.2020.

Usmania Modern School, Padla Shahpuri (Nuh), Haryana - 122104. Vs. Principal Secretary, School Education Department, Room No. 37, 7th Floor Haryana Civil Secretariat, Sector - 1, Chandigarh - 160001.

Present: None

An application for grant of minority status certificate to Usmania Modern School, Padla Shahpuri (Nuh), Haryana - 122104 has been received from the petitioner by hand on 08.10.2020. It be registered. It transpires from the petition that on 10.09.2019 the petitioner has applied for grant of No Objection Certificate to the State Competent Authority i.e. Principal Secretary, School Education Department, Room No. 37, 7th Floor Haryana Civil Secretariat, Sector - 1, Chandigarh - 160001, but has not filed proof of service of the letter dated 10.09.2019. 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 petition that in the application , column no. 6, is left blank by the petitioner. In this case office has reported that petitioner has filed photocopy of the affidavit and validity period is not mentioned in the recognition/affiliation certificate. 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 11.05.2021.

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

20.10.2020

ITM Academy, Kunderki District, Moradabad, Uttar Pradesh - 244413. 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 minority status certificate to ITM Academy, Kunderki District, Moradabad, Uttar Pradesh - 244413 has been received by post on 12.10.2020, which is in old format. It be registered. Perused 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 the petitioner has not filed affidavit, Unique ID and validity of recognition/affiliation certificate filed with this petition has expired Petitioner has not filed envelope 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 11.05.2021.

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

20.10.2020

Madarsa Jameel Islamic Academy, Niswa, Laharpur, Sitapur, Uttar Pradesh - 261135. Vs. 1. Director/ Dy. Director – Minority Welfare Department, Uttar Pradesh. 2. 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 minority status certificate to Madarsa Jameel Islamic Academy, Niswa, Laharpur, Sitapur, Uttar Pradesh - 261135 has been received by post on 12.10.2020. It be registered.

It transpires from the petition that on 09.09.2020, the petitioner has applied for grant of No Objection Certificate to the wrong State Competent Authority i.e. Director/Dy. Director – Minority Welfare Department, Uttar Pradesh instead of Additional Chief Secretary, Department of Higher Education, Government of Uttar Pradesh, Bahu Khandi, Secretariat, Lucknow, Uttar Pradesh - 226001, which was received by an unknown person by hand on 09.09.2020 and affix the seal of Minority Welfare Department, Indira Bhawan, Lucknow, UP, but there is no name and designation of the receiver.

It is also transpires from the record that the petitioner has applied for No Objection Certificate before the state competent authority on 09.09.2020. Prima facie, it is clear that statutory period of 90 days before filing the application for grant of Minority Status Certificate in the Commission has not been completed.

The petitioner has also applied before the State Competent Authority for grant of Minority Status Certificate and that 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 the petitioner has not filed affidavit, Niti Ayog Unique ID and recognition/affiliation certificate filed by the petitioner is upto class ten and school is up to class twelve and petitioner has filed only one set of application instead of five set.

Petitioner has not filed envelope with postage charges for sending notice to the respondent.

Cont...2/-

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Madarsa Jameel Islamic Academy, Uttar Pradesh - 261135. Vs. 1. Director/ Dy. Director – Minority Welfare Department, Uttar Pradesh. 2. Additional Chief Secretary, Lucknow, Uttar Pradesh - 226001.

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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 11.05.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER A.K.