F. NO. 07 OF 2018 NATIONAL COMMISSION FOR …ncmei.gov.in/WriteReadData/LINKS/Order-8-5-2018ae021218-9816-4e7… · prescribed format, ... Learned counsel for the petitioner has filed

F. NO. 07 OF 2018

NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

Present: Mr. Junais P., Advocate for the petitioner. None for the respondent.

Arguments are heard.

An email has been received from Mr. Mudasir Nabi, 314, C.K.

Daphtary Block, Supreme Court, counsel for the intervener requesting

for an adjournment.

2. Learned counsel for the petitioner has filed “written statement”,

which is not taken on record as being a petitioner he is not entitled to

submit a “written statement” as only respondent can submit a “written

statement”. He has also filed a copy of the order passed by the

Hon’ble Supreme Court of India in Petition (s) for Special Leave to

Appeal (C) No. (s). 29994-29995/2017 which states as under:

“The impugned judgment only records that ultimately the National Commission for Minority Educational Institutions should have taken into account the judgments passed by the Allahabad High Court before coming to the conclusion that the petitioners is a minority institution. That it did not do. Therefore, there is nothing wrong with the approach of the Division Bench. We only make it clear, as has been stated by the learned Single Judge earlier, that liberty is reserved to approach the National Commission for Minority Educational Institutions afresh with whatever evidence is in possession of the petitioners. The National Commission for Minority Educational Institutions will then decide the matter afresh based on relevant material provided to it by the petitioners as well as the two judgments that it has not examined.”

3. He has also filed a copy of the order dated 30.4.2018 passed by

the Hon’ble High Court of Allahabad in Writ C. No. 15572 of 2018

directing the second respondent i.e. NCMEI to decide the application

within a period of eight weeks from the date of production of a certified

copy of the said order along with Photostat copy of the application.

4. In Case No. 695 of 2014 and in Case No. 07 of 2018, the

petitioner had misled the Commission giving wrong information against

Col. No. 9(h) of the applications for grant of minority status certificate

that he has not approached any judicial forum including Supreme Court

or High Court regarding minority status certificate. Moreover, the

petitioner has again not filed the High Court’s judgments which are

required to be examined by the Commission.

5. He is directed to file a comprehensive affidavit supported with all

the relevant documents on the next date along with copies of two

judgments of High Court which are required to be examined by the

Commission.

6. Issue notice to the Chief Secretary, Government of Uttar

Pradesh to apprise the Commission regarding the credentials of the

petitioner institution. Copy of the petition along with all the judgments

and records be also sent to the Chief Secretary, Government of Uttar

Pradesh and the intervener.

List on 14.6.2018.

DR. BALTEJ SINGH MANN

MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1267 OF 2017



Present: Mr. Irfan for the petitioner.

Mr. Irfan seeks an adjournment for filing amended petition in the

prescribed format, which is granted in the interest of justice.

List on 4.12.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1269 OF 2017



Present: Mr. M. Akram Rao for the petitioner. None for the respondent.

Mr. M. Akram Rao has produced the original Certificate of

Registration of the Mahadul Banat Education Society, which after due

verification was returned to him.

He has filed the certified copies of the Memorandum of Association

and Rules & Regulations of the Mahadul Banat Education Society.

He seeks an adjournment for filing remaining documents, which is

granted in the interest of justice.

He is directed to file a copy of the petition to the State competent

authority and submit proof on the next date.

Issue final notice to the respondent for filing reply on or before the

next date.

List on 4.12.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1270 OF 2017



Present: Mr. Jose Abraham, Advocate for the petitioner. None for the respondent.

Learned counsel for the petitioner seeks an adjournment, which is


List on 4.12.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1271 OF 2017



Present: Mr. Jose Abraham, Advocate for the petitioner. Mr. Vijay Shankar V.L., Proxy counsel for Mr. G.

Prakash, Advocate for the respondent.

A copy of the petition is supplied to the proxy counsel for the

respondent for filing reply, if any.

Learned counsel for the petitioner has produced the original Trust

Deed dated 30.10.2014 and the Supplementary Trust Deed dated

24.7.2017 of the Rajagiri St. Chavara CMI Public School, which after due

verifications were returned to him.

He has filed the affidavit of Fr. Varghese Manickanamparambil CMI

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 also filed the Unique ID No. KL/2017/0157908 of the

petitioner Trust as given by the Niti Aayog Darpan.

List on 2.7.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1274 OF 2017



Present: Mr. Jose Abraham, Advocate for the petitioner. Mr. Vijay Shankar V.L., Proxy counsel for Mr. G.

Prakash, Advocate for the respondent.

Learned counsel for the petitioner has produced the original Trust

Deed dated 24.3.2003 and the Supplementary Trust Deed dated

22.11.2017 of the St. Mary’s Educational and Charitable Trust, which after

due verifications were returned to him.

He has already filed the affidavit of Sr. Deena CMC 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 also filed the unique ID No. KL/2017/0162092 of the

petitioner trust as given by the Niti Aayog portal NGO Darpan.

He seeks an adjournment for filing remaining document.

Issue final notice to the respondent for filing reply, if any on or

before the next date of hearing.

List on 2.7.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1275 OF 2017



Present: Mr. S. Kameshwar for the petitioner.

Mr. S. Kameshwar has filed email sent to him by the petitioner

authorizing him to appear in the matter.

It transpires from the record that the petitioner has not applied to

the competent authority for grant of minority status certificate. The

petitioner is directed to file a copy of the petition to the State competent

authority and submit proof on the next date. He is also directed to

produce original document.

List on 4.12.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1277 OF 2017



Present: Mr. Jose Abraham, Advocate for the petitioner.

Learned counsel for the petitioner has filed amended petition in the

prescribed format.

Issue notice to the respondent. The petitioner is directed to produce

original documents.

List on 4.12.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1286 OF 2017



Present: None.

Issue final notice to the petitioner to appear before the Commission.

List on 4.12.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1287 OF 2017



Present: None.


List on 4.12.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1288 OF 2017



Present: None.


List on 4.12.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1044 OF 2017



Present: None.

Issue final notice to the petitioner for filing amended petition in the

prescribed format.

List on 4.12.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1271 OF 2016



Present: Mr. Subodh Gupta, Advocate for the petitioner. None for the respondent.

Learned counsel for the petitioner seeks an adjournment, which is


List on 4.12.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1276 OF 2017



Present: Mohd. Faizan Alvi for the petitioner. Mr. Anand Bhardwaj for the respondent.

A copy of the petition is furnished to Mr. Anand Bhardwaj for filing

reply if any on the next date of hearing.

List on 25.10.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1280 OF 2017




Mr. Anand Bhardwaj for filing reply, copy of which is furnished to

Mohd. Faizan Alvi for filing rejoinder, if any.

List on 25.10.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1112 OF 2017




A copy of the petition is furnished to Mr. Anand Bhardwaj for filing

reply if any on the next date of hearing.

List on 25.10.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1278 OF 2017



Present: Mr. Shaikh Md. Shamsuddin for the petitioner.

Mr. Shaikh Md. Shamsuddin has filed amended petition in the

prescribed format.

Issue notice to the respondent. The petitioner is directed to produce

original documents.

List on 4.12.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1283 OF 2017




Learned counsel for the petitioner has filed his Vakalatnama.

He has filed copy of the Memo No. 340/Estt.II/A1/2017-1 dated

9.2.2017 issued by the Asst. Secretary, Minorities Welfare (Estt.-II)

Department, Telangana and Proceeding of the Commissioner and Director

of School Education, dated 25.2.2017.

Issue final notice to the respondent to file reply, if any on the next

date.

List on 15.11.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1285 OF 2017




Learned counsel for the petitioner has filed his Vakalatnama.

He is allowed to amend Col. No. 1(a) of the petition.

He has filed the certified copies of the Certificate of Registration,

Memorandum of Association, Rules & Regulations, amended

Memorandum of Association and amended Rules & Regulations of the

Vision Educational & Charitable Society.

He has produced the original order dated 8.11.2011 issued by the

Regional Joint Director of School Education, Hyderabad, which after due

verification was returned to him.

He has filed the affidavit of Ms. Uzma Ansari in support of the

averments made in the petition and also to prove that the beneficiaries of

the petitioner institution are members of the Muslim community.

He has also filed the unique ID No. TS/2017/0165021 of the

petitioner society as given by the Niti Aayog portal NGO Darpan.

Issue final notice to the respondent to file reply, if any on the next

date.

List on 15.11.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1123 OF 2017




Learned counsel for the petitioner has filed affidavit of Mr. N.K.

Joachim 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 also filed the original certificates dated 14.9.2017 issued by

the Assistant Educational Officer, Sulthan Bathery certifying that the

petitioner institution is recognized aided institution and is managed by Shri

N.K. Joachim who belong to the Christian community.

It is stated in the petitions that on 21.2.2017 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 is being administered by an

individual Christian.

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.

In view of the admitted facts, we find and hold that St. Mary’s AUP

School, Cheengery, Kumbleri P.O., Wayanad Distt., Kerala- 678 007 run

by an individual Christian Shri N.K. Joachim 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. Mary’s

AUP School, Cheengery, Kumbleri P.O., Wayanad Distt., Kerala- 678 007

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.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1129 OF 2017




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

Catholic Board of Education of the Diocese of Mangalore. Other case has

been registered as Case No. 1131 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 1131 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 certified copies of the

Certificate of Registration, Memorandum of Association, Rules &

Regulations, amended Memorandum of Association and list of governing

body members for 2017-18 of The Catholic Board of Education of the

Diocese of Mangalore.

He has filed the affidavits of Rev. Fr. Jerald D’Souza in support of

the averments made in the petitions and also to prove that the

beneficiaries of the petitioner institutions are from the Christian

community.


Deputy Director, Public Educational Department, Mangalore in Case No.

1129 of 2017, which after due verification was returned to him. He has

also produced the original order dated 23.12.2015 issued by the Block

Education Officer, Mangalore, North Zone, Balmatta, Mangalore in Case

No. 1131 of 2017, which after due verification was returned to him. The

said orders are in Kannada language. English translations thereof duly

notarized by the Notary Public have been filed.

He has filed the unique ID No. KA/2017/0152458 of the petitioner

society as given by the Niti Aayog portal NGO Darpan.

It is stated in the petitions that on 3.10.2016 the petitioner

institutions had applied to the State Government for grant of minority

status certificate and the same are 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 applications. Pendency of the

said applications for such a disproportionately long period clearly indicates

government's disinclination to grant minority status certificates to the

petitioner institutions. Petitioners’ right to get minority status certificate

cannot be kept under suspended animation. In this view of the matter,

these are fit cases for intervention by this Commission.

The petitioner institutions have applied for grant of minority status

certificate on the ground that the same have been established and are

being administered by The Catholic Board of Education of the Diocese of

Mangalore, 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 affidavits of Rev. Fr. Jerald D’Souza.

The amended Memorandum of Association of the said Society

clearly reflects that the beneficiaries of the petitioner institutions are

members of the Christian community. In addition, the said fact also stands

proved from the affidavits of Rev. Fr. Jerald D’Souza. There is no

document on record to rebut the documentary evidence produced on

behalf of the petitioner institutions.








Relying on the said unrebutted evidence produced on behalf of the

petitioner, we find and hold that Holy Spirit English Medium School, Jyothi

Mandir, Mukka, Mangalore Taluk, Dakshina Kannada Distt., Karnataka-

574 146 and Infant Mary English Medium School, Katipalla, Mangaluru

Tq., Dakshina Kannada Distt., Karnataka- 575 030 run by The Catholic

Board of Education of the Diocese of Mangalore are eligible for grant of

minority status on religious basis. The evidence also proves that the said

educational institutions were established with the main objective of sub-

serving the interests of the Christian community. Consequently, Holy Spirit

English Medium School, Jyothi Mandir, Mukka, Mangalore Taluk,

Dakshina Kannada Distt., Karnataka- 574 146 and Infant Mary English

Medium School, Katipalla, Mangaluru Tq., Dakshina Kannada Distt.,

Karnataka- 575 030 are declared as minority educational institutions within

the meaning of Section 2(g) of the National Commission for Minority

Educational Institutions Act. Minority status certificates be issued

separately. Copy of the order be placed on the record of Case No. 1131

of 2017.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 690 OF 2017



Present: Mr. Gaurav Jain for the petitioner. None for the respondent.

Mr. Gaurav Jain has filed certified copies of the Certificate of

Registration, Memorandum of Association, Rules & Regulations and List

of member from 18.7.2016 to 17.7.2019 Jiwan Shiksha Samiti.

He has filed his affidavit in support of the averments made in the

petition and also to prove that the beneficiaries of the petitioner institution

are members of the Jain community.

He has filed the unique ID No. MP/2017/0153968 of the petitioner



NCTE, Bhopal, which after due verification was returned to him.

He is directed to file certified copies of the amended Memorandum

of Association and Rules & Regulations of the said society.

List on 2.7.2018.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 1043 OF 2017




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 certified copy of the

Trust Deed dated 2.5.2003 of the Royal Medical Trust.

He has produced the amended Trust Deed dated 22.8.2008 and

5.5.2018 of the Royal Medical Trust, which after due verifications were

returned to him.

He has filed affidavit of Dr. P.A. Nazar support of the averments

made in the petition and also to prove that the beneficiaries of the

petitioner institution are members of the Muslim community.

He has filed the unique ID No. KL/2017/0151490 of the petitioner

trust as given by the Niti Aayog portal NGO Darpan.

He has produced the original revised consent of affiliation dated

31.7.2013 and original order No., 2602/Ac-A/kuhs/2012 dated 29.9.2016

issued by the Kerala University of Health Sciences, original order No. U-

12011/13/2016-ME-I dated 20.8.2016 issued by the Ministry of Health &

Family Welfare, Govt. of India, which after due verifications were returned

to him.

It is stated in the petition that on 20.4.2017 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 certificate 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.


certificate on the ground that the same has been established and is being

administered by the Royal Medical Trust, which is a registered trust,

constituted by the members of the Muslim community. All the trustees of

the said trust are also Muslim. 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 Dr. P.A.

Nazar.

The amended Trust Deed dated 5.5.2018 of the said trust clearly

reflects that the beneficiaries of the petitioner institution are members of

the Muslim community. In addition, the said fact also stands proved from

the affidavit of Dr. P.A. Nazar. There is no document on record to rebut

the documentary evidence produced on behalf of the petitioner institution.









petitioner, we find and hold that Kerala Medical College, Mangode P.O.,

Cherpulassery, Palakkad, Kerala- 679 503 run by the Royal Medical Trust

is eligible for grant of minority status on religious basis. The evidence also

proves that the said educational institutions were established with the

main objective of sub-serving the interests of the Christian Muslim

community. Consequently, Kerala Medical College, Mangode P.O.,

Cherpulassery, Palakkad, Kerala- 679 503 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.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

F. NO. 221 OF 2018




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 a copy of the order dated 24.4.2018 passed by the

Commission served on the respondent. 8

He has produced the original Certificate of Registration of the

Hasnoor Ali Educational and Technical Society and the original order

dated 26.8.2017 issued by the Registrar, Chhatrapati Shahu Ji Maharaj

University, Kanpur granting affiliation to the petitioner institution, which

after due verifications were returned to him.

He has filed the certified copies of the Memorandum of Association,

Rules & Regulations, amended Memorandum of Association and list of

members for 2017-18 of the said society. He has already filed the affidavit

of Mr. Shamsul Qamar in support of the averments made in the petition

and also to prove that the beneficiaries of the petitioner institution are

members of the Muslim community.

He has filed the unique ID No. UP/2017/0178416 of the petitioner


This case emanates from U.P. The Division Bench of the Allahabad

High Court has rendered a decision in Special Appeal No. 903 of 2006

decided on 24.08.2006 declaring that the State Government does not

have power to issue minority status certificate to a minority institution. In

this view of the matter, it is a fit case for intervention by this Commission.


certificate on the ground that the same has been established by Hasnoor

Ali Educational and Technical Society, which is a registered society,

constituted by the members of the Mulsim community. All the founding

and present members of the said society are from the Muslim community.

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 Mr. Shamsul Qamar.

The amended Memorandum of Association of the said Society

clearly reflects that the beneficiaries of the petitioner institution are

members of the Muslim community. In addition, the said fact also stands

proved from the affidavit of Mr. Shamsul Qamar. There is no document on

record to rebut the documentary evidence produced on behalf of the

petitioner institution.









petitioner, we find and hold that .H.A. Good Life Mahavidyalaya, Railway

Station Road, Kampil, District Farrukhabad, Uttar Pradesh run by Hasnoor

Ali Educational and Technical 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 Muslim community. Consequently, H.H.A. Good Life

Mahavidyalaya, Railway Station Road, Kampil, District Farrukhabad, Uttar

Pradesh 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.


MEMBER

DR. NAHEED ABIDI

MEMBER

8.5.2018 MD

Documents

F. NO. 07 OF 2018 NATIONAL COMMISSION FOR …ncmei.gov.in/WriteReadData/LINKS/Order-8-5-2018ae021218-9816-4e7… · prescribed format, ... Learned counsel for the petitioner has filed