GOVERNMENT OF INDIA NATIONAL COMMISSION FOR …ncmei.gov.in/WriteReadData/LINKS/7th aug 2019 daily...DR. BALTEJ SINGH MANN MEMBER DR. NAHEED ABIDI MEMBER DR. JASPAL SINGH MEMBER Ks

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

Little Queen Public School, Pullazhy P.O., Benglvu Road, Olarikkara, Thrissur District, Kerala. F. NO. 875 of 2018 Date: 07.08.2019 Present: Ms. Sarah Shaji, Advocate for the petitioner.

Learned counsel for the petitioner admitted that the petitioner

had not applied to the competent authority of the State Government 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.

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 The petition is disposed of as withdrawn.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER

Ks



Don Bosco College of Agriculture, Don Bosco Agro-ED Complex, Sulcorna, Quepem, South Goa, Goa. F. NO. 876 of 2018 Date: 07.08.2019 Present: Ms. Sarah Shaji, Advocate for the petitioner.




















Ks



B.K. Private ITI, Mitawali, Tehsil - Etmadpur, Agra, Uttar Pradesh. F. NO. 877 of 2018 Date: 07.08.2019 Present: None.

Despite notice, none appeared on behalf of the petitioner even in

second round.

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

the competent authority of the State Government for grant of No

Objection Certificate.










Since nobody has appeared to make any submission. The

Commission has waited sufficiently. The Commission has been forced

to dismiss the petition. Hence, the petition is dismissed in default.





Ks



Singh Sahab Homeopathic Medical Pharmacy College, Gulaida, District - Amroha, Uttar Pradesh. F. NO. 878 of 2018 Date: 07.08.2019 Present: None.


second round.




















Ks



Akal Academy, Telipura, Swar, Rampur, Uttar Pradesh. F. NO. 879 of 2018 Date: 07.08.2019 Present: Mr. Jaskirat for the petitioner. Mr. Jaskirat admitted that the petitioner had not applied to the

competent authority of the State Government for grant of No Objection

Certificate.










Mr. Jaskirat 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 disposed of as withdrawn.





Ks



Maha Bodhi Minority School, Buddh Nagar, Bamhaur, Village & Post - Bamhaur (Khas), P.S. Mohania, District - Kaimur, Bihar. F. NO. 880 of 2018 Date: 07.08.2019 Present: None.


second round.

It is mentioned in column no. 6 of the petition that the petitioner

had applied to the competent authority of the State Government on

06/09.02.2017 and the same is still pending. The petitioner has failed to

produce copy of the said application. It transpires from the record that

the petitioner had not applied to the competent authority of the State

Government for grant of No Objection Certificate.

















Ks



St. Paul's Church College, Unit - II, M.G. Road, Agra, Uttar Pradesh. F. NO. 881 of 2018 Date: 07.08.2019 Present: Mr. Varun Mudgal, Advocate for the petitioner.




















Ks



Shams Model School, At. Murki Khurd, Post - Murki Kalan, District - Ghazipur, Uttar Pradesh. F. NO. 882 of 2018 Date: 07.08.2019 Present: Mr. Khan Ahmad Jawaid for the petitioner. Mr. Khan Ahmad Jawaid admitted that the petitioner had not

applied to the competent authority of the State Government for grant of

No Objection Certificate.










Mr. Khan Ahmad Jawaid 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 disposed of as withdrawn.





Ks



Madarsa Almahdul Islami Riyazul Uloom, Tambaur, Sitapur, Uttar Pradesh. F. NO. 885 of 2018 Date: 07.08.2019 Present: None.


second round.
















JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN




Ks



Kristhasharana Vidyapeeta, Hagaribommanahalli, Church Road, Karnataka. F. NO. 886 of 2018 Date: 07.08.2019 Present: Fr. Owen Chourappa for the petitioner. Fr. Owen Chourappa admitted that the petitioner had not applied

to the competent authority of the State Government for grant of No











Fr. Owen Chourappa seeks leave to withdraw the petition with

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






Ks



Infant Jesus Degree College, Vidyanagar, Raichur, Karnataka. F. NO. 892 of 2018 Date: 07.08.2019 Present: Fr. Owen Chourappa for the petitioner. Fr. Owen Chourappa admitted that the petitioner had not applied



















Ks



Rabiya Khatoon Memorial Inter College, Kampil, District - Farrukhabad, Uttar Pradesh. F. NO. 893 of 2018 Date: 07.08.2019 Present: None.

In compliance of notice, the petitioner has sent a letter with the

request that his younger brother having hip replacement surgery due to

that he will not be able to come today for hearing the case and prayed

for adjournment.

In the interest of justice, adjournment is granted.

Put up on 05.12.2019.





Ks



Mount Carmel School, Gurugunta, Carmel Nagar, Lingasaguru Taluka, Raichur District, Karnataka. F. NO. 894 of 2018 Date: 07.08.2019 Present: Fr. Owen Chourappa for the petitioner. Fr. Owen Chourappa admitted that the petitioner had not applied



















Ks



Infant Jesus D.Ed. College, Vidyanagar, Raichur, Karnataka. F. NO. 895 of 2018 Date: 07.08.2019 Present: Fr. Owen Chourappa for the petitioner. Fr. Owen Chourappa admitted that the petitioner had not applied



















Ks



Navachetana Kannada Medium High School, Kavital Manvi (Tq.), Raichur District, Karnataka. F. NO. 896 of 2018 Date: 07.08.2019 Present: Fr. Owen Chourappa for the petitioner. Fr. Owen Chourappa admitted that the petitioner had not applied



















Ks



Shanthi Vidyalaya, Edakochi, Kochi, Ernakulam District, Kerala. F. NO. 903 of 2018 Date: 07.08.2019 Present: Ms. Sarah Shaji, Advocate for the petitioner.




















Ks



Vimala Hridaya English Medium L.P. School, Viraly, Uchakada P.O., Thiruvananthapuram, Kerala. F. NO. 905 of 2018 Date: 07.08.2019 Present: Ms. Sarah Shaji, Advocate for the petitioner.




















Ks



Infant Jesus School, Vidyanagar, Raichur, Karnataka. F. NO. 915 of 2018 Date: 07.08.2019 Present: Fr. Owen Chourappa for the petitioner. Fr. Owen Chourappa admitted that the petitioner had not applied



















Ks



Christ The King School, Gajendragad Road, Kushtagi, District - Koppal, Karnataka. F. NO. 916 of 2018 Date: 07.08.2019 Present: Fr. Owen Chourappa for the petitioner. Fr. Owen Chourappa admitted that the petitioner had not applied



















Ks



Sacred Heart H.P.S. & High School, Mudgal, TK. Lingasugur, District - Raichur, Karnataka. F. NO. 917 of 2018 Date: 07.08.2019 Present: Fr. Owen Chourappa for the petitioner. Fr. Owen Chourappa admitted that the petitioner had not applied



















Ks



Infant Jesus D.Ed. College, Vidyanagar, Raichur, Karnataka. F. NO. 918 of 2018 Date: 07.08.2019 Present: Fr. Owen Chourappa for the petitioner. Fr. Owen Chourappa admitted that the petitioner had not applied



















Ks



St. John's High School, Dakaria, Lalmatia Colliery P.O., Gooda District, Jharkhand. F. NO. 919 of 2018 Date: 07.08.2019 Present: Ms. Sarah Shaji, Advocate for the petitioner.




















Ks



St. Michael School, Sandur Road, Kudligi, Karnataka. F. NO. 922 of 2018 Date: 07.08.2019 Present: Fr. Owen Chourappa for the petitioner. Fr. Owen Chourappa admitted that the petitioner had not applied



















Ks



Bharat National Public School, Ram Vihar, Karkardooma, Delhi.

V/s. The Assistant Director of Education (Act), Directorate of Education, Government of NCT of Delhi. F. NO. 1144 of 2018 Date: 07.08.2019 Present: Mr. Ambar Qamaruddin, Advocate for the petitioner. None for the respondent.

Learned counsel for the petitioner submitted affidavit of Sh.

Swaranjeet Singh Khungar with the averment that Sh. Swaranjit Singh’s

full name is Sh. Swaranjeet Singh Khungar, however “Khungar” was not

mentioned in the first Memorandum of Association of Bharat National

School Educational Society. He is known as S.S. Khungar. He has also

filed with affidavit copy of Election Commission Card, copy of new and

old Aadhaar Card, copy of PAN Card, copy of indian income tax return

verification form, copy of Degree of Master of Arts and marksheet, copy

of passport. Learned counsel for the petitioner has also filed copies of

PAN card and Aadhar Card of Mr. Swaranjeet Singh Khungar’s

daughter and son mentioning full name of their father.

It is stated in the affidavit of Mr. Swaranjeet Singh Khungar’s that

he is born Sikh, his wife Smt. Harcharan Kaur, his brother was Sh. P.C.

Khungar and his wife Smt. Sudesh Rani, are born Sikh. All the said

documents are taken on record.

Learned counsel for the petitioner is directed to submit proper

and latest affiliation/ recognition letter from the CBSE/ State Board.

Learned counsel for the petitioner prayed sometime to file above

document. Time prayed for his allowed.

Put up on 05.09.2019.





Ks



07.08.2019 Dada Chokha Memorial School, Shahchokha Nuh, Haryana.

Vs. Additional Chief Secretary, School Education Deptt., 7th Floor Haryana Civil Secretariat, Sector-1, Chandigarh - 160001. Present: None.

An application for grant of minority status certificate to Dada Chokha Memorial

School, Shahchokha Nuh, Haryana has been received by hand on 12.06.2019 from

the petitioner mentioned above. It be registered.

It transpires from the petition that on 29.01.2019, the petitioner has applied for

grant of No Objection Certificate before the State Competent Authority i.e. Additional

Chief Secretary, School Education Deptt., 7th Floor Haryana Civil Secretariat, Sector-

1, Chandigarh - 160001, 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 already filed the proof of delivery of the letter for No

Objection Certificate of registered AD sent to the respondent.

In this case, office has reported that petitioner has not filed affidavit, in support

of the documents and also not filed Unique ID, MoA of the Society, List of Present

Members and List of Founding Members with the petition.

Issue notice to the petitioner by registered AD/e-mail to compliance of the

above order.

List on 04.12.2019.


DR. BALTEJ SINGH MANN

MEMBER


DR. JASPAL SINGH

MEMBER Ash.



07.08.2019

S.D. Public Jr. High School, Village – Kabeerpur, Post-Nyamatpur, Dt.-Saharanpur, Uttar Pradesh.

Vs. Additional Chief Secretary, Department of School Education, Govt. of Uttar Pradesh, Bahu Khandi,, Secretariat, Lucknow, Uttar Pradesh.

Present: None.

An application for grant of minority status certificate to S.D. Public Jr. High

School, Village – Kabeerpur, Post-Nyamatpur, Dt.-Saharanpur, Uttar Pradesh has

been received by post on 13.06.2019 from the petitioner mentioned above.

Peruse the officer 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 affidavit filed by Smt. Shanti Devi W/o Sevaram,

Manager, Shri Seva Ram Shiksha Prasar Samiti that the Samiti specially meant for

the benefit of the Muslim Minority Community and maintained & administrated by the

member of Muslim Community for the benefit of the Muslim girls and boys, but as per

the record, all office bearer of the Shri Seva Ram Sahiksha Prasar Samiti are Hindus.

Petitioner has not filed this application for grant of minority status certificate in

proper format.

Petitioner has not filed any envelope and postage charges for sending the

notice to the respondent.

Office is directed to send a letter to the petitioner as to why this petition be not

dismissed at this stage.

List on 04.12.2019.




DR. JASPAL SINGH

MEMBER Ash.



07.08.2019 Falah-E-Insariyat Public School, V.P.O. – Umra, Tehsil-Nagina, Dt.-Nuh, Mewat, Haryana.

Vs. Additional Chief Secretary, School Education Deptt., 7th Floor Haryana Civil Secretariat, Sector-1, Chandigarh - 160001. Present: None.

An application for grant of minority status certificate to Falah-E-Insariyat Public

School, V.P.O. – Umra, Tehsil-Nagina, Dt.-Nuh, Mewat, Haryana has been received

by post on 13.06.2019 from the petitioner mentioned above.

It transpires from the record that Petitioner has moved an application for grant

of No Objection Certificate dated 24.09.2018, but no proof of delivery of this

application has submitted with the application.

It transpires from the statement of students in this school that the school is

upto middle class.


proper format.

Petitioner has also not filed any envelope and postage charges for sending


Office is directed to send a letter to the petitioner for compliance of the above

order.

List on 04.12.2019.



MEMBER


DR. JASPAL SINGH

MEMBER Ash.



07.08.2019 New Little Flower Matric Hr. Sec. School, Nadwa Nagar, Shoolagiri, Krishnagiri Dt., Bangalore.

Vs. Additional Chief Secretary to Government, Education Department (Higher Education) Govt. of Karnataka Sixth Floor, Multi-storeyed Building, Bengaluru-560001. Present: None.

An application for grant of minority status certificate to New Little Flower Matric

Hr. Sec. School, Nadwa Nagar, Shoolagiri, Krishnagiri Dt., Bangalore has been

received by hand on 17.06.2019 from the petitioner mentioned above. It be

registered.

It transpires from the petition that on 23.02.2019, the petitioner has applied for

grant of No Objection Certificate before the State Competent Authority i.e. Additional

Chief Secretary to Government, Education Department (Higher Education) Govt. of

Karnataka Sixth Floor, Multi-storeyed Building, Bengaluru-560001, which was

received by the respondent on 25.02.2019. The said petition is still pending. The

petitioner has waited sufficiently for a period of 90 days before filing this petition.

The petitioner has already filed the proof of delivery of the letter for No

Objection Certificate of the registered AD sent to the respondent.

Issue notice to the respondent by registered AD/e-mail.

List on 05.12.2019.



MEMBER


DR. JASPAL SINGH

MEMBER Ash.



07.08.2019 Shri Jain Shwetamber Professional Academy, Aerodrome Pithampur Road, Near Hinkargiri, Nainod, Indore, Madhya Pradesh.

Vs. Secretary, Room No. 339, Backward Classes and Minority Welfare Department, Govt. of Madhya Pradesh, Mantralaya, Bhopal, Madhya Pradesh. Present: None.

An application for grant of minority status certificate to Shri Jain Shwetamber

Professional Academy, Aerodrome Pithampur Road, Near Hinkargiri, Nainod, Indore,

Madhya Pradesh has been received by post on 18.06.2019 from the petitioner

mentioned above.

Peruse the officer 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.


proper format.

Petitioner has not filed any envelope and postage charges for sending the


Office is directed to send letter to the petitioner as to why this petition be not

dismissed at this stage.

List on 05.12.2019.



MEMBER


DR. JASPAL SINGH

MEMBER Ash.

Documents

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR …ncmei.gov.in/WriteReadData/LINKS/7th aug 2019 daily...DR. BALTEJ SINGH MANN MEMBER DR. NAHEED ABIDI MEMBER DR. JASPAL SINGH MEMBER Ks