GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 191 of 2018 11.04.2019 Seventh Day Adventist Nursery and Primary School, T.B. road, Sankari, Salem, District, Tamil Nadu

Vs.

Principal Secretary, School Education Department, Government of Tamil Nadu.

Present: Ms. Sarah Shaji, Advocate for the petitioner. None for the respondent Learned Counsel for the petitioner admitted that the petitioner

has 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.

She 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petition is disposed of as withdrawn.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

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 192 of 2018 11.04.2019 Seventh Day Adventist Matric Higher Secondary School, 24-K, Railway Station Road, Gudiyattam, Vellore, Tamil Nadu

Vs.

Principal Secretary, School Education Department, Government of Tamil Nadu. Present: Ms. Sarah Shaji, Advocate for the petitioner. None for the respondent Learned Counsel for the petitioner admitted that the petitioner

has 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.

She 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

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 193 of 2018 11.04.2019 Don Bosco Higher Secondary School, Door No. 13, 10th A, East Coast Road, Gandhi Nagar, Vellore, Tamil Nadu

& Case No. 195 of 2018 Don Bosco Matriculation Higher Secondary School, 8th East main Road, Gandhi Nagar, Vellore Dt., Tamil Nadu

Vs.

Principal Secretary, School Education Department, Government of Tamil Nadu

Present: Sarah Shaji, Advocate for the petitioner. None for the respondent. Learned counsel for the petitioner has filed written submissions

in both the cases. She has stated that the petitioner institutions have

not applied before the competent authority of the State Government

for 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 further wants to argue on the

point whether No Objection Certificate from the competent authority

of the State Government is essential or not. Time prayed for is

allowed.

In the interest of justice, list on 19.09.2019.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH

MEMBER NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 194 of 2018 11.04.2019 Emmanuel Matriculation School, M.G. Nagar, Phase-1, Urrapakkam (West), Kancheepura, Tamil Nadu.

Vs.

Principal Secretary, School Education Department, Government of Tamil Nadu. Present: Ms. Sarah Shaji, Advocate for the petitioner. None for the respondent Learned Counsel for the petitioner admitted that the petitioner

has 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.

She 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

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 196 of 2018 11.04.2019 St. Vincent’s School, Edurugadda, Hemachandrapuram, Kothgudem Mandal, Khammam, Telangana.

Vs.

Secretary to Government, Minorities Welfare Department, D-Block, Ground Floor, Telangana Secretariat, Hyderabad.

Present: Sarah Shaji, Advocate for the petitioner. None for the respondent. Learned counsel for the petitioner has filed written submission

in this case. She has stated that the petitioner has not applied before

the competent authority of the State Government for 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 further wants to argue on the

point whether No Objection Certificate from the competent authority

of the State Government is essential or not. Time prayed for is

allowed.

In the interest of justice, list on 19.09.2019

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 197 of 2018 11.04.2019 Shore College, Sehore, Opp. Women’s Polytechnic College, Near Bhopal Naka, Sehole, Madhya Pradesh

Vs.

Commissioner, Backward Classes & Minority Welfare Department, Government of Madhya Pradesh. Present: Mr. Mohd. Yunus, for the petitioner. None for the respondent.

Mr. Mohd. Yunus, appeared on behalf of the petitioner. He has

admitted that the petitioner institution has 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.

He 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

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 198 of 2018 11.04.2019 Anjuman Public School, Mohammad Nagar, PO Nagina, District-Mewat, Haryana

Vs.

Finance Commissioner & Principal Secretary, Education Department, Government of Haryana, Civil Secretariat, Chandigarh, Haryana. Present: None.

None appeared on behalf of the petitioner even in second

round.

On last occasion dated 23.07.2018, the petitioner was directed

to file fresh application before state competent authority of the

Haryana Government as per the guidelines of State Government and

file the proof of service before the Commission.

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.

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.

In the interest of the justice, put up on 03.09.2019.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 199 of 2018 11.04.2019 Madarsa Faizul Nabi Sabira Begum, Village- Isapur, Post & Tehsil- Bilari, District- Moradabad, Uttar Pradesh

Vs.

Deputy director, Minorities Welfare Department, Government of Uttar Pradesh. Present: None.

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.

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.

In the interest of the justice, put up on 03.09.2019.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 200 of 2018 11.04.2019 St. Francis School, Gundle, Uttar Pradesh.

Vs.

Deputy Director, Minorities Welfare Department, Government of Uttar Pradesh. Present: None.

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.

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.

In the interest of the justice, put up on 03.09.2019.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 201 of 2018 11.04.2019 Kamalia High School, Neravy-609604, Karaikal, Puducherry

Vs.

Secretary to Government (Education) Chief Secretariat No. 1, Goubert Avenue, Beach Road, Puducherry. Present: None.

None appeared on behalf of the petitioner even in second

round.

On last occasion dated 23.07.2018 none was present on behalf

of the petitioner. The Commission directed the petitioner to file

amended petition, but the petitioner has failed to comply the order.

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.

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.

The Commission has waited sufficiently. Since nobody has

appeared to make any submission, the Commission has been forced

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

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH

MEMBER NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 204 of 2018 11.04.2019 Gulab Maria High School, Fatherpada, Sindoni, P.O.-Mandoni, Dadra Nagar Haveli-396230, UT

Vs.

Department of Education, First Floor, PWD Campus, Amli Silvassa, Dadra and Nagar Haveli Present: None. None appeared on behalf of the petitioner even in second

round.

As per the earlier order dated 23.07.2018, due to inadvertence

another case of the same institution was registered as Case No. 836

of 2017, which was listed for hearing on 29.08.2018 and the

Commission ordered that the Case No. 836 of 2017 be closed and

merged with this case but due to the mistake of office Case No. 836 of

2017 is still pending, as per the record. Office is again directed to

disposed of Case No. 836 of 2017 and list alongwith this case for

further necessary action.

Secretary of the Commission is again directed to write a letter

to the State Government about the appointment of State Competent

Authority as per the NCMEI Act, 2004.

In the interest of justice, list on 03.09.2019

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 353 of 2018 11.04.2019 St. Raphel’s Public School, Kallur P.O., Thrissur, Kerela-680317

Vs.

Secretary, General Education Department, Government of Kerala

Present: Ms. Sarah Shaji, Advocate for the petitioner. None for the respondent Learned Counsel for the petitioner admitted that the petitioner

has 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.

She 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

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 354 of 2018 11.04.2019 Good Shepherd CMI School, Wadakkanchery Road, Trichur, Kerala

Vs. Principal Secretary, Higher Education Department, Government of Kerala

Present: Ms. Sarah Shaji, Advocate for the petitioner. None for the respondent Learned Counsel for the petitioner admitted that the petitioner

has 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.

She 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

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 1146 of 2018 11.04.2019 Paul George Global School, Alaknanda, Property No. 70, New Delhi

Vs.

Assistant Director, Directorate of Education (Act), Government of NCT of Delhi

Present: Mr. Ambar Qamaruddin, Advocate for the petitioner. None for the respondent. Mr. Ambar Qamaruddin has filed his vakalatnama, which is

taken on record.

Learned counsel for the petitioner has filed certified copies of

the Certificate of Registration, Memorandum of Association, Rules &

Regulations of the St. George’s Education Society, which are taken on

record.

He has also filed certified copies of the amended certificate of

Registration, amended Memorandum of Association and amended

Rules and Regulations of the said society.

He has also filed original application dated 20.8.2018 for grant

of No Objection Certificate sent by the petitioner to the Assistant

Director/ Dy. Director of Education (Act)/PSB, Directorate of

Education, Old Secretariat, Delhi.

Heard the learned counsel for the petitioner. Reserved for

orders.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 1150 of 2018 11.04.2019 Delhi Institute of Technology and Management, NH-1, Chirasmi Road, Gannaur, District- Sonepat, Haryana

Vs.

The Registrar, Guru Gobind Singh, Indraprastha University, Sector-16C, Dwarka, New Delhi. Present: Mr. Junais P., Advocate for the petitioner. Ms. Raashi Beri, Advocate for the respondent. Learned Counsel for the respondent has prayed for some time

to file power and response. Time prayed is for allowed.

Put up on 23.05.2019.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 1156 of 2018 11.04.2019 The Vardhman Heights International School, Barnagar Road, Chirola Fanta, Khachrod, Ujjain, Madhya Pradesh

Vs.

Secretary, Backward Classes & Minority Welfare Department, Government of Madhya Pradesh. Present: Mr. Junais P., Advocate for petitioner. None for respondent. Despite notice to the Competent Authority of the State

Government Secretary, Backward Classes & Minority Welfare

Department, Government of Madhya Pradesh, none appeared on

behalf of the respondent. Hence, the case is proceeded ex-parte

against the respondent.

Learned Counsel for the petitioner has filed certified copies of

documents which are taken on record.

Learned Counsel for the petitioner has submitted that he has

filed all the documents in this case.

Learned Counsel for the petitioner has also submitted the

electronic tracking report as proof of service.

List for arguments on 17.07.2019.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 1157 of 2018 11.04.2019 Aksh International School, Mohalla, Ramnagar, Noorpur, Bijnor, Uttar Pradesh

Vs.

Deputy Director, Minorities Welfare Department, Government of Uttar Pradesh. Present : None None appeared on behalf of both the parties. In the interest of justice, issue notice to both the parties. List on 03.09.2019

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 1158 of 2018 11.04.2019 Ambika Institute of Pharmacy, A.B. Road, Nohri Shivpuri, Madhya Pradesh

Vs.

Secretary, Backward Classes & Minority Welfare Department, Government of Madhya Pradesh, Bhopal, Madhya Pradesh. Present: None. None appeared on behalf of the petitioner even in second

round.

Looking in to the facts of the earlier order dated 21.02.2019,

issue letter again to the petitioner.

List on 03.09.2019.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

11.04.2019 Ameeruddin Academy of General, Technical and Professional Education Society, Giddalur, Prakasam District, A.P., rep. by its Secretary and correspondent Smt. S. Mehatab, H. No. 8-17-171, Sanjeevareddy Nagar, Giddalur, Prakasam District, Andhra Pradesh & Anr.

Vs.

Secretary, Minorities Welfare Department, Government of Andhra Pradesh & Anr. Present: None.

An appeal under section 12A (1) & 12(B) has been received

from the appellant above. It be registered.

There is no office checklist in this case. Office is directed to file

the checklist first and then list.

After appropriate report, list on 23.05.2019.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

11.04.2019 Hidyathul Islam Samajam L.P. School Athika Hukulangaya, Noorand, P.O. Nappuzha Dist. Kerala, PIN-690504

Vs.

Secretary, General Education Department, Government of Kerala

Present: None.

An application for grant of Minority Status Certificate Hidyathul

Islam Samajam L.P. School Athika Hukulangaya, Noorand, P.O.

Nappuzha Dist. Kerala, PIN-690504, has been received from the

petitioner mentioned above. It be registered.

It transpires from the record that the petitioner has applied to

the Competent Authority for grant of No Objection Certificate on

13.02.2019. He has filed the petition for grant of MSC to the

Commission on 08.03.2019. The petitioner has filed the petition

without waiting for sufficient period prescribed in section 10 of the

NCMEI Act.

Issue notice to the petitioner to show cause as to why this

petition should not be dismissed.

List on 28.05.2019.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

11.04.2019 Hazarath Ameeruddin Homeopathy Medical College, Yedavalli, Giddalur, Prakasam District, Andhra Pradesh-523357 & Anr.

Vs.

Secretary, Minorities Welfare Department, Government of Andhra Pradesh & Anr. Present: None.

An appeal under section 12A (1) & 12(B) has been received

from the appellant above. It be registered.

There is no office checklist in this case. Office is directed to file

the checklist first and then list.

After appropriate report, list on 23.05.2019.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

11.04.2019 Iqra Public School, B-305, Street No. 6, Nehru Vihar, New Mustafabad, Delhi

Vs.

Assistant Director, Directorate of Education (Act), Government of NCT of Delhi

Present: None.

An application for grant of Minority Status Certificate has been

received from the petitioner mentioned above. It be registered.

It transpires from the record that, the petitioner has filed the

application before the Deputy Director of Education (PSB), Directorate

of Education, Government of NCT of Delhi, Old Secretariat, Delhi for

grant of no objection certificate to the petitioner’s institution, which was

returned by the Deputy Director of Education with an advice to submit

the same before the appropriate authority i.e. Assistant Director,

Directorate of Education (Act), Government of NCT of Delhi.

The petitioner has not filed application for No Objection

Certificate before the State Competent Authority.

Issue notice to the petitioner as to why this petition should not

be dismissed

List on 28.05.2019.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER

NM

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

Case No. 1047 of 2017 11.04.2019 College of Nursing, kurji Holy Family Hospital, Patna – 800 010, Bihar.

Vs. Secretary Human Resource Development Department, Government of Bihar, Secretariat, Patna, Bihar. Present: Mr. Mukhtaruz Zaman, for the petitioner. None for the respondent.

Mr. Mukhtaruz Zaman has filed letter of the Secretary, College

of Nursing, kurji Holy Family Hospital, Patna – 800 010, Bihar

authorizing him to appear in the case. He has admitted that the

petitioner institution has 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.

He 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

NM