f. no. 07 of 2018 national commission for...
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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
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
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.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1269 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
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.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1270 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Jose Abraham, Advocate for the petitioner. None for the respondent.
Learned counsel for the petitioner seeks an adjournment, which is
granted in the interest of justice.
List on 4.12.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1271 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
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.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1274 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
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.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1275 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
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.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1277 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
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.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1286 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: None.
Issue final notice to the petitioner to appear before the Commission.
List on 4.12.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1287 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: None.
Issue final notice to the petitioner to appear before the Commission.
List on 4.12.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1288 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: None.
Issue final notice to the petitioner to appear before the Commission.
List on 4.12.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1044 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: None.
Issue final notice to the petitioner for filing amended petition in the
prescribed format.
List on 4.12.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1271 OF 2016
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Subodh Gupta, Advocate for the petitioner. None for the respondent.
Learned counsel for the petitioner seeks an adjournment, which is
granted in the interest of justice.
List on 4.12.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1276 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
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.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1280 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mohd. Faizan Alvi for the petitioner. Mr. Anand Bhardwaj for the respondent.
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.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1112 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
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.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1278 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
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.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1283 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Junais P., Advocate for the petitioner. None for the respondent.
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.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1285 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Junais P., Advocate for the petitioner. None for the respondent.
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.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1123 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Jose Abraham, Advocate for the petitioner. None for the respondent.
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.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1129 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Jose Abraham, Advocate for the petitioner. None for the respondent.
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.
He has produced the original order dated 22.6.2016 issued by the
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.
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 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.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 690 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
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
society as given by the Niti Aayog portal NGO Darpan.
He has produced the original order dated 30.9.2013 issued by the
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.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 1043 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Junais P., 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 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.
The petitioner institution has applied for grant of minority status
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.
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 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.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD
F. NO. 221 OF 2018
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 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
society as given by the Niti Aayog portal NGO Darpan.
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.
The petitioner institution has applied for grant of minority status
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.
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 .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.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
8.5.2018 MD