GOVERNMENT OF NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

A.M.L.P. School, , Thiruvegappura P.O., , District , - 679 304. Vs Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala- 695 001.

CASE NO. 114 of 2019 09.09.2020

Present: Mr. Vikas, Advocate Proxy Counsel for the petitioner’s Advocate Mr. Junais P. None for the respondent.

Mr. Vikas, Advocate appeared on behalf of the petitioner and prayed for time to comply with the earlier Order dated 13.02.2020, in the interest of justice, time prayed for is allowed. List on 30.03.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SIGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER SR

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

ILM Nursery and Primary School, Ilayangudi-Sivangagai Road, Ilayangudi, Sivagangai District, Tamil Nadu-630 702. Vs Principal Secretary, School Education Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu- 600 009.

CASE NO. 141 of 2019 09.09.2020

Present: Mr. Vikas, Advocate Proxy Counsel for the petitioner’s Advocate Mr. Junais P. None for the respondent.

Mr. Vikas, Advocate appeared on behalf of the petitioner and prayed for time. In the interest of justice, time prayed for is allowed. List on 30.03.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SIGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

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 09.09.2020

Present: Mr. Vikas, Advocate Proxy Counsel for the petitioner’s Advocate Mr. Junais P. None for the respondent.

Despite of regd. notice, none appeared on behalf of the respondent. Learned Counsel for the petitioner has submitted two documents in the Commission’s Office on dated 26.02.2020 which are taken on record. In this case, a letter dated 09.03.2020 is received from the Hon’ble Minister of Minority Affairs, Government of India, which is also taken on record. Learned Counsel for the petitioner prayed for time to file certified copies of relevant documents and also argue the matter. In the interest of justice, list on 01.12.2020.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SIGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER SR

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Seemanchal Minority B.Ed. College, Plot No. 18, Street No. Baigna Road, Village Tauheed Nagar, Madhepura, Kathihar, Tehsil Taluka Kaithar, Bihar- 854 105. Vs Secretary, Human Resource Development Department, Government of Bihar, Secretariat, Patna, Bihar.

CASE NO. 149 of 2019 09.09.2020

Present: Mr. Vikas, Advocate Proxy Counsel for the petitioner’s Advocate Mr. Junais P. None for the respondent.

Despite service of regd. notice, none appeared on behalf of the respondent. Learned Counsel for the petitioner has submitted two documents in the Commission’s Office on dated 26.02.2020, which are taken on record. In the interest of justice and due to Covid-19 pandemic, learned counsel for the petitioner is directed to submit 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 notice to the respondent. List on 31.03.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SIGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER SR

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Jannah Public School, R.S. No. 15/1A, Parayathikulam Village, AlAmeen Nagar, K. Pudur, District Madurai, Tamil Nadu- 625 007. Vs Principal Secretary, School Education Department, Government of Tamil Nadu.

CASE NO. 155 of 2019 09.09.2020

Present: Mr. Vikas, Advocate Proxy Counsel for the petitioner’s Advocate Mr. Junais P. None for the respondent.

Mr. Vikas, Advocate appeared on behalf of the petitioner and prayed for time to file an application. In the interest of justice, list on 31.03.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SIGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER SR

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Shebha Nursery and Primary School, No. 74, Sannathi Street, Kaladipet, Chennai, Tamil Nadu. Vs Principal Secretary, School Education Department, Government of Tamil Nadu.

CASE NO. 156 of 2019 09.09.2020

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

Learned Counsel for the petitioner prayed for time to file an application. In the interest of justice, put up on 31.03.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SIGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER SR

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

The Royal Ecole, Village Batwani, Palari Road, Near Shani Mandir, Post Chawdi, Tehsil & District Seoni, Madhya Pradesh. Vs The Secretary, Room No. 339, Backward Classes and Minority Welfare Department, Government of Madhya Pradesh, Mantralaya, Bhopal, Madhya Pradesh.

CASE NO. 159 of 2019 09.09.2020

Present: Mr. Vikas, Advocate Proxy Counsel for the petitioner’s Advocate Mr. Junais P. None for the respondent.

Despite of regd. notice, none appeared on behalf of the respondent. In the interest of justice and due to Covid-19 pandemic, learned counsel for the petitioner is directed to submit envelope and postal charges for sending notice again to the respondent. Learned Counsel for the petitioner has submitted two documents in the Commission’s Office on dated 26.02.2020 which are taken on record. After compliance of the above order by the Petitioner, Office is directed to issue notice to the respondent. Put up on 31.03.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SIGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER SR

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Institute of Gems and Jewellery, Inkel City, Malappuram, Kerala- 676 505. Vs The Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala- 695 001.

CASE NO. 164 of 2019 09.09.2020

Present: Mr. Vikas, Advocate Proxy Counsel for the petitioner’s Advocate Mr. Junais P. None for the respondent.

Learned Counsel for the petitioner again prayed for time to file certified copies of relevant documents. In the interest of justice, time prayed for is allowed. List on 31.03.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SIGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER SR

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Indore Mahavidyalaya, Village Jambudi Hapsi, Hatod, Indore, District Indore, Madhya Pradesh- 453 112. Vs The Secretary, Backward Classes and Minority Welfare Department, Government of Madhya Pradesh, Room No. 339, Mantralaya, Bhopal, Madhya Pradesh.

CASE NO. 165 of 2019 09.09.2020

Present: Mr. Vikas, Advocate Proxy Counsel for the petitioner’s Advocate Mr. Junais P. None for the respondent.

Despite of regd. notice, none appeared on behalf of the respondent. Learned Counsel for the petitioner has submitted two documents in the Commission’s Office on dated 26.02.2020 which are taken on record. In this case, a letter dated 09.03.2020 is received from the Hon’ble Minister of Minority Affairs, Government of India, which is also taken on record. Learned Counsel for the petitioner prayed for time to file certified copies of relevant documents and also argue the matter. In the interest of justice, list on 01.12.2020.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SIGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER SR

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

A.M.L.P. School, Kottappuram, Andiyookunnu, P.O. Pulikkal, Kondotty, , Kerala- 673 637. Vs Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala- 695 001.

CASE NO. 169 of 2019 09.09.2020

Present: Mr. Vikas, Advocate Proxy Counsel for the petitioner’s Advocate Mr. Junais P. None for the respondent.

Learned Counsel for the petitioner again prayed for time to file certified copies of relevant documents. In the interest of justice, time prayed for is allowed. List on 31.03.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SIGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER SR

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Shebha Nursery and Primary School, No. 199, Solaippan Street, Old Washermenpet, Chennai, Tamil Nadu- 600 021. Vs Principal Secretary, School Education Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu- 600 009.

CASE NO. 186 of 2019 09.09.2020

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

Learned Counsel for the petitioner prayed for time to file some application. In the interest of justice, put up on 31.03.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SIGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER SR

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

09.09.2020

Jain Modern Public School, Green Park Extn., New Delhi - 110016. Vs. Assistant Director of Education (Act), Directorate of Education, government of NCT of Delhi, Room No. 214-A, Old Secretariat, Delhi - 110054.

Present: None.

Mr. Ashok Kumar Jain has filed an application U/O 9 Rule 4 of the CPC read with section 151 CPC for restoration of the case No. 1271 of 2016. Office is directed to register this application as miscellaneous case and tag the case file No. 1271 of 2016 with this application. Petitioner is directed to submit envelop and postage charges for sending notice to the respondent. Issue letter to the petitioner for compliance of the above order.

List on 24.11.2020.

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

09.09.2020.

Mount Carmal Convent R.C.L.P.S., Thangassery, Kollam District, Kerala - 691007. Vs. 1. Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala – 695001 2. Director Directorate of Minority welfare Government of Kerala, 4 th floor, Vikas Bhavan, Thiruvanathapuram, 695033.

Present: Mr. B. Mathews. Advocate for the petitioner.

An application for grant of minority status certificate to Mount Carmal Convent R.C.L.P.S., Thangassery, Kollam District, Kerala - 691007 has been received by hand on 13.03.2020 as an Individual Management. It be registered. It transpires from the petition that the petitioner has not mentioned the date in the NOC application submitted before the State Competent Authority i.e. Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala – 695001. The NOC application was received by the respondent on 02.08.2019. The said petition is still pending. The petitioner has waited sufficiently for a period of 90 days before filing this petition. The petitioner has filed proof of delivery of the application to the respondent by registered AD. At present, competent authority in the State of Kerala for grant of NOC is Director, Directorate of Minority welfare Government of Kerala, 4th floor, Vikas Bhavan, Thiruvanathapuram, 695033. It transpires from the petition that this application has filed by Sr. Mary Frances, Manager of the School without any power of attorney. In this case, office has reported that the affiliation certificate is not in proper office order format and is issued by the Assistant Education Officer.

Learned Counsel for the petitioner has prayed for some time to file the certain relevant documents and one more envelope with postage charges. Time prayed for is allowed. In the interest of justice, list on 09.02.2021.

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

09.09.2020.

Benedict Matriculation Higher Secondary School, Kutty Yercaud, Vellaikaradu, Anaimalayanpatty, Theni District, Tamil Nadu - 625526. Vs. Principal Secretary, School Education Department, Government of Tamil Nadu, Rina Road, Fort St. George, Secretariat, Chennai, Tamil Nadu - 600009.

Present: Mr. B. Mathews, Advocate for the petitioner.

An application has been received by hand on 13.03.2020 for grant of minority status certificate to Benedict Matriculation Higher Secondary School, Kutty Yercaud, Vellaikaradu, Anaimalayanpatty, Theni District, Tamil Nadu - 625526. It be registered. It transpires from the petition that on 22.01.2019, the petitioner has applied for grant of No Objection Certificate to the State Competent Authority i.e. Principal Secretary, School Education Department, Government of Tamil Nadu, Rina Road, Fort St. George, Secretariat, Chennai, Tamil Nadu - 600009, which was received by the respondent on 24.01.2019. The said petition is still pending. The petitioner has waited sufficiently for a period of 90 days before filing this petition. The petitioner has also filed the proof of delivery of the application by registered AD, to the respondent. It transpires from the records, that 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. Hence this application is not maintainable at this stage. In this case, office has reported that validity of recognition/affiliation certificate has expired. Learned counsel for the petitioner has prayed for some time to file some relevant documents. Time prayed for is allowed. Office is directed to tag file no. 792 of 2018 with this case. In the interest of justice, list on 10.02.2021.

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

09.09.2020.

St. Antony's Primary School, Mullangavilai, Karungal (Via), Vizhavancode T.K., Kanyakumari District, Tamil Nadu - 629157. Vs. Principal Secretary, School Education Department, Government of Tamil Nadu, Rina Road, Fort St. George, Secretariat, Chennai, Tamil Nadu - 600009.

Present: Mr. B. Mathews, Advocate for the petitioner.

An application has been received by hand on 13.03.2020 for grant of minority status certificate to St. Antony's Primary School, Mullangavilai, Karungal (Via), Vizhavancode T.K., Kanyakumari District, Tamil Nadu - 629157. It be registered. It transpires from the petition that on 28.01.2019, the petitioner has applied for grant of No Objection Certificate to the State Competent Authority i.e. Principal Secretary, School Education Department, Government of Tamil Nadu, Rina Road, Fort St. George, Secretariat, Chennai, Tamil Nadu - 600009, which was received by the respondent on 30.01.2019. The said petition is still pending. The petitioner has waited sufficiently for a period of 90 days before filing this petition. The petitioner has also filed proof of delivery of the application to the respondent by registered AD. It transpires from the petition that Sr. Shanthi D/o Masilamani, has signed declaration part of this application and also filed an affidavit on behalf of the Immaculate Heart of Mary’s Society, signatures on both documents are quite different with each other It also 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. Hence this application is not maintainable at this stage. In this case, office has reported that recognition/affiliation is not in proper office order format and signature in declaration and vakalatnama does not match with the signature in Affidavit. Learned counsel for the petitioner has prayed for some time to file some relevant documents. Time prayed for is allowed. Office is directed to tag file no. 456 of 2018 with this case. In the interest of justice, list on 10.02.2021.

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

09.09.2020.

St. Michael's High School, Vethakarankudiyiruppu, Edalakudy Post, Agasteeswaram T.K., Nagercoil, Kanyakumari District, Tamil Nadu - 629002. Vs. Principal Secretary, School Education Department, Government of Tamil Nadu, Rina Road, Fort St. George, Secretariat, Chennai, Tamil Nadu - 600009.

Present: Mr. B. Mathews, Advocate for the petitioner.

An application has been received by hand on 13.03.2020 for grant of minority status certificate to St. Michael's High School, Vethakarankudiyiruppu, Edalakudy Post, Agasteeswaram T.K., Nagercoil, Kanyakumari District, Tamil Nadu - 629002. It be registered. It transpires from the petition that on 30.01.2019, the petitioner has applied for grant of No Objection Certificate to the State Competent Authority i.e. Principal Secretary, School Education Department, Government of Tamil Nadu, Rina Road, Fort St. George, Secretariat, Chennai, Tamil Nadu - 600009, which was received by the respondent on 02.02.2019. The said petition is still pending. The petitioner has waited sufficiently for a period of 90 days before filing this petition. The petitioner has also filed the proof of delivery of the application by registered AD, to the respondent. It transpires from the petition that Sr. Shanthi D/o Masilamani, has signed declaration part of this application and also filed an affidavit on behalf of the Immaculate Heart of Mary’s Society, signatures on both documents are quite different with each other. It also transpires from the records, that 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. Hence this application is not maintainable at this stage. In this case, office has reported that recognition/affiliation certificate is not in proper office order format and signature in declaration and vakalatnama does not match with the signature in Affidavit. Learned counsel for the petitioner has prayed for some time to file some relevant documents. Time prayed for is allowed. Office is directed to tag file no. 1122 of 2018 with this case. In the interest of justice, list on 10.02.2021.

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

09.09.2020.

St. Michael's Primary School, Vethakarankudiyiruppu, Edalakudy Post, Agasteeswaram T.K., Nagercoil, Kanyakumari District, Tamil Nadu - 629002. Vs. Principal Secretary, School Education Department, Government of Tamil Nadu, Rina Road, Fort St. George, Secretariat, Chennai, Tamil Nadu - 600009.

Present: Mr. B. Mathews, Advocate for the petitioner.

An application has been received by hand on 13.03.2020 for grant of minority status certificate to St. Michael's Primary School, Vethakarankudiyiruppu, Edalakudy Post, Agasteeswaram T.K., Nagercoil, Kanyakumari District, Tamil Nadu - 629002. It be registered. It transpires from the petition that on 31.01.2019, the petitioner has applied for grant of No Objection Certificate to the State Competent Authority i.e. Principal Secretary, School Education Department, Government of Tamil Nadu, Rina Road, Fort St. George, Secretariat, Chennai, Tamil Nadu - 600009, which was received by the respondent on 02.02.2019. The said petition is still pending. The petitioner has waited sufficiently for a period of 90 days before filing this petition. The petitioner has also filed the proof of delivery of the application to the respondent by registered AD. It transpires from the petition that Sr. Shanthi D/o Masilamani, has signed declaration part of this application and also filed an affidavit on behalf of the Immaculate Heart of Mary’s Society, signatures on both documents are quite different with each other. It transpires from the records, that petitioner has 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. Hence this application is not maintainable at this stage. In this case, office has reported that recognition/affiliation certificate filed with this petition is not in proper office order format. Learned counsel for the petitioner has prayed for some time to file some relevant documents. Time prayed for is allowed. Office is directed to tag file no. 455 of 2018 with this case. In the interest of justice, list on 10.02.2021.

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

09.09.2020

Devagiri CMI Public School, Medical College, P.O., , Kerala - 673008 Vs. Secretary, General Education Deptt., Government of Kerala, Thiruvananthapuram, Kerala – 695 001.

Present: None.

An application for grant of minority status certificate to Devagiri CMI Public School, Medical College, P.O., Kozhikode, Kerala - 673008 has been received by post on13.03.2020 from the petitioner mentioned above. 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. It transpires from the application filed by the petitioner that application for grant of Minority Status Certificate has been rejected by the State Competent Authority of the State Government of Kerala but petitioner has not filed any rejection order with this application. In this case, office has reported that petitioner has not filed NITI Ayog Unique ID and list of present society members. 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 16.02.2021.

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

09.09.2020.

Athar Ali Higher Secondary School, Village - Milak Imlak, Block - Munda Pandey, Moradabad, Uttar Pradesh - 244001. Vs. 1. Principal Secretary, Education, Depatt., Govt. of UP, Bahu Khandi, Secretariat, Lucknow. UP. 2. Additional Chief Secretary, Department of School Education, Government of Uttar Pradesh, Bahu Khandi, Secretariat, Lucknow, Uttar Pradesh - 226001.

Present:

An application for grant of minority status certificate to Athar Ali Higher Secondary School, Village - Milak Imlak, Block - Munda Pandey, Moradabad, Uttar Pradesh - 244001 has been received from the petitioner by hand on 16.03.2020. It be registered. It transpires from the petition that on 10.10.2019 the petitioner applied for grant of No Objection Certificate to the wrong State Competent Authority i.e. Principal Secretary, Education, Deptt. Govt. of UP, Bahu Khandi, Secretariat, Lucknow, instead of Additional Chief Secretary, Department of School Education, Government of Uttar Pradesh, Bahu Khandi, Secretariat, Lucknow, Uttar Pradesh - 226001, who is notified as the Competent Authority by the State Government to issue NOC. The said application was received by the respondent on 14.10.2019. The petitioner has also filed proof of delivery of the application to the respondent by registered AD. It transpires from the petition that this application filed by Mrs. Sheereen Gul, Manager Akhtar Educational Society, Dr. Athar Ali marg, Guiyan Bagh, Moradabad without any power of attorney. 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. Hence this application is not maintainable at this stage. In this case, office has reported that list of present members of the society is not filed by the petitioner with this petition. Issue letter to the petitioner for clarification.

In the interest of justice, list on 16.02.2021.

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

09.09.2020.

Athar Ali Higher Secondary School, Village - Milak Imlak, Block - Munda Pandey, Moradabad, Uttar Pradesh - 244001. Vs. 1. Principal Secretary, Education, Depatt., Govt. of UP, Bahu Khandi, Secretariat, Lucknow. UP. 2. Additional Chief Secretary, Department of School Education, Government of Uttar Pradesh, Bahu Khandi, Secretariat, Lucknow, Uttar Pradesh - 226001.

Present:

An application for grant of minority status certificate to Athar Ali Higher Secondary School, Village - Milak Imlak, Block - Munda Pandey, Moradabad, Uttar Pradesh - 244001 has been received from the petitioner by hand on 16.03.2020. It be registered. It transpires from the petition that on 10.10.2019 the petitioner applied for grant of No Objection Certificate to the wrong State Competent Authority i.e. Principal Secretary, Education, Deptt. Govt. of UP, Bahu Khandi, Secretariat, Lucknow, instead of Additional Chief Secretary, Department of School Education, Government of Uttar Pradesh, Bahu Khandi, Secretariat, Lucknow, Uttar Pradesh - 226001, who is notified as the Competent Authority by the State Government to issue NOC. The said application was received by the respondent on 14.10.2019. The petitioner has also filed proof of delivery of the application to the respondent by registered AD. It transpires from the petition that this application filed by Mrs. Sheereen Gul, Manager Akhtar Educational Society, Dr. Athar Ali marg, Guiyan Bagh, Moradabad without any power of attorney. 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. Hence this application is not maintainable at this stage. In this case, office has reported that list of present members of the society is not filed by the petitioner with this petition. Office is directed to issue letter to the petitioner for clarification.

In the interest of justice, list on 16.02.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER Ash. `