F. NO. 428 OF 2017 NATIONAL COMMISSION FOR MINORITY ...ncmei.gov.in/WriteReadData/LINKS/Order 12th...

F. NO. 428 OF 2017 NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

Sh. Manoj Sharma, H1-053, Springfield, Assotech, Sector Zeta 1, Greater Noida, U.P. – 201 310

Vs. Shri Mahavir Vishwa Vidyapeeth, A-6, Paschim Vihar, New Delhi & Anr. Present: Sh. Manoj Sharma for the petitioner. None for the respondent.

Sh. Manoj Sharma, H1-053, Springfield, Assotech,

Sector Zeta 1, Greater Noida, U.P. – 201 310 has filed a

complaint regarding the cancellation of minority status

certificate of Shri Mahavir Vishwa Vidyapeeth, A-6, Paschim

Vihar, New Delhi, issued by the Commission in Case No. 1550

of 2014. It be registered.

Issue notice to the Secretary, Shri Mahavir Vishwa

Vidyapeeth, A-6, Paschim Vihar, New Delhi, and Assistant

Director of Education (Act), Directorate of Education,

Government of NCT of Delhi.

List on 09.01.2018.

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

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Present: Mr. Jose Abraham, Advocate for the petitioner. Mr. Sanjay Khanna, Advocate for the respondent.

Learned counsel for the petitioner seeks leave to

withdraw the petition with liberty to file a fresh petition for the

same relief. Leave and liberty is granted. The petition is

dismissed as withdrawn.



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Present: Mr. A. Lakshminarayanan, Advocate for the petitioner. Mr. Zulfiker Ali P.S., Advocate for the respondent.

Renotify on 09.01.2018.



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Present: Dr. Ignatius Topno for the petitioner. Mr. Gopal Prasad, Advocate for the respondent.

Dr. Ignatius Topno seeks leave to withdraw the petition

with liberty to file a fresh petition for the same relief. Leave and

liberty is granted. The petition is dismissed as withdrawn.



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Present: None.

The petitioner has failed to comply with order dated

23.05.2017. There is no appearance on behalf of the petitioner.

Accordingly, the petition is dismissed for want of action on part of the

petitioner. However, liberty is granted to the petitioner for filing a fresh

petition for the same relief, if advised to do so. Order be notified to the

petitioner.

DR. BALTEJ SINGH MANN

MEMBER


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Present: Mr. Shakti Chand Jaidwal, Proxy Counsel for the petitioner. None for the respondent.

Learned proxy counsel for the petitioner seeks leave to






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Present: Mr. Varun Mudgal, Advocate for the petitioner. None for the respondent.







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

At request, last and final opportunity is granted to the

petitioner to comply with the order dated 23.05.2017, failing

which the petition shall stand dismissed for want of action on

part of the petitioner.

List on 21.11.2017.



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Present: Mr. Jose Abraham, Advocate for the petitioner. Mr. Vijay Shankar, Proxy Counsel for the respondent.





List on 21.11.2017.



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Present: Mr. Jose Abraham, Advocate for the petitioner. Mr. Gopal Prasad, Advocate for the respondent.







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Present: Mr. Varun Mudgal, Advocate for the petitioner. None for the respondent.





List on 23.11.2017.



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Present: Mr. Irshad Ali for the petitioner. None for the respondent.

Learned counsel for the petitioner filed a copy of Unique ID

No. UP/2017/0153213 issued by the Niti Ayog 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 and is

being administered by the S.M. Public School Shiksha Samiti, which is a

registered society, constituted by members of the Muslim community. All

the members of the said society are also Muslims. 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. Irshad Ali.

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. Irshad Ali. 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 the S.M. Public School, Bilwa

Bhoora Road, Bareilly, U.P., run by the S.M. Public School Shiksha

Samiti, 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, S.M. Public School, Bilwa Bhoora

Road, Bareilly, U.P., 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.



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Present: Mr. Jamil Ahmed for the petitioner. None for the respondent.

Mr. Jamil Ahmed filed a copy of Unique ID No.

UP/2017/0159744 issued by the Niti Ayog Portal NGO Darpan. 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 Muslim community. He is allowed to amend column

no. 9(a) and 10(b) of the prescribed format of petition.






Commission.



being administered by the Muskan Public School Shiksha Samiti, which

is a registered society, constituted by members of the Muslim

community. All the members of the said society are also Muslims. 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. Jamil Ahmed.




stands proved from the affidavit of Mr. Jamil Ahmed. There is no











the petitioner, we find and hold that the Muskan Kanya Public School,

Meerganj, Bareilly, U.P., run by the Muskan Public School Shiksha

Samiti, 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, Muskan Kanya Public School,

Meerganj, Bareilly, U.P., 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.



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Learned counsel for the petitioner filed reply against the

written submissions filed by the respondent. He has also filed a copy

of Unique ID No. KL/2017/0153601 issued by the Niti Ayog Portal

NGO Darpan.

Since the petitioner institution is affiliated to ICSE, the State

Government does not have power to grant minority status certificate

as sought by the petitioner. Hence, it is a fit case for intervention by

this Commission.



being administered by the St. Sebastian Monastery’s Social Service

Society, which is a registered society, constituted by members of the

Christian community. All the members of the said society are also

Christians. 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 Fr. Mathew Thayil CMI.



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

stands proved from the affidavit of Fr. Mathew Thayil CMI. There is no











the petitioner, we find and hold that the K.E. Carmel School,

Pulincunnoo P.O., Alappuzha Dt., Kerala, run by the St. Sebastian

Monastery’s Social Service 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 Christian community. Consequently, K.E.

Carmel School, Pulincunnoo P.O., Alappuzha Dt., Kerala, 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.



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No. KL/2016/0110725 issued by the Niti Ayog Portal NGO Darpan. He

has also filed reply against the written submissions filed by the

respondent.

It is stated in the petition that on 20.04.2015 the petitioner

institution had applied to the State Government for grant of minority

status certificate and the said application 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.

Petitioner’s right to get minority status certificate can not be kept under

suspended animation. In this view of the matter, it is a fit case for

intervention by this Commission.



being administered by the Amal Jyothi Charitable Society, which is a

registered society, constituted by members of the Christian community.

All the members of the said society are also Christians. The aforesaid



and the affidavit of Sr. Raseena CMC.



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

stands proved from the affidavit of Sr. Raseena CMC. There is no











the petitioner, we find and hold that the Amal Jyothi Special School for

Differently Abled Children, Painavu P.O., Idukki Dt., Kerala, run by the

Amal Jyothi Charitable 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 Christian community. Consequently, Amal Jyothi

Special School for Differently Abled Children, Painavu P.O., Idukki Dt.,

Kerala, 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


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Present: Mr. Jose Abraham, Advocate for the petitioner. Mr. Gopal Prasad, Advocate for the respondent.

Learned counsel for the petitioner filed his Vakalatnama. He

has filed certified copies of the Certificate of Registration,

Memorandum of Association and Rules and Regulations of the

Jamshedpur Diocesan Education Society. He has filed the original

Certificate of Recognition dated 16.08.2017 issued by the District

Education Officer, West Singhbhum, Chaibasa. He has filed affidavit

of Fr. David Vincent 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 filed a copy of Unique ID

No. JH/2017/0153160 issued by the Niti Ayog Portal NGO Darpan.














being administered by the Jamshedpur Diocesan Education Society,

which is a registered society, constituted by members of the Christian

community. All the members of the said society are also Christians. The



institution and the affidavit of Fr. David Vincent.

The Memorandum of Association of the said society clearly

reflects that the beneficiaries of the petitioner institution are members

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

proved from the affidavit of Fr. David Vincent. There is no document on

record to rebut the documentary evidence produced on behalf of the

petitioner institution.









the petitioner, we find and hold that the St. Theresa’s High School,

Kumhartoli, Jhinkpani, West Singhbhum Dt., Jharkhand, run by the

Jamshedpur Diocesan Education 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 Christian community. Consequently,

St. Theresa’s High School, Kumhartoli, Jhinkpani, West Singhbhum

Dt., Jharkhand, is declared as a minority educational institution within

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


accordingly.


MEMBER


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No. TN/2017/0161224 issued by the Niti Ayog Portal NGO Darpan.














being administered by the Shrine Theresa Educational Trust, which is a

registered trust, constituted by members of the Christian community. All

the trustees of the said trust are also Christians. The aforesaid



and the affidavit of Mrs. Ammini Elias.

The original Trust Deed of the said trust clearly reflects that the

beneficiaries of the petitioner institution are members of the Christian

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

affidavit of Mrs. Ammini Elias. There is no document on record to

rebut the documentary evidence produced on behalf of the petitioner

institution.









the petitioner, we find and hold that the Shrine Theresa Matriculation

School, No. 7, Kamarajar Salai, Anakaputhur, Chennai, T.N., run by

the Shrine Theresa Educational Trust, is eligible for grant of minority



serving the interests of the Christian community. Consequently, Shrine

Theresa Matriculation School, No. 7, Kamarajar Salai, Anakaputhur,

Chennai, T.N., is declared as a minority educational institution within

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


accordingly.


MEMBER


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No. UP/2017/0152467 issued by the Niti Ayog Portal NGO Darpan.






Commission.



being administered by the Saqlaini Montessori School Shiksha Samiti,

which is a registered society, constituted by members of the Muslim

community. All the members of the said society are also Muslims. The



institution and the affidavit of Mr. Safdar Ali Khan.




stands proved from the affidavit of Mr. Safdar Ali Khan. There is no











the petitioner, we find and hold that the D.K. Saqlaini Inter College,

Sheeshamkhera, Meerganj, Bareilly, U.P., run by the Saqlaini

Montessori School Shiksha Samiti, is eligible for grant of minority



serving the interests of the Muslim community. Consequently, D.K.

Saqlaini Inter College, Sheeshamkhera, Meerganj, Bareilly, U.P., 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.



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F. NO. 428 OF 2017 NATIONAL COMMISSION FOR MINORITY ...ncmei.gov.in/WriteReadData/LINKS/Order 12th...

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