St. Charles School (CBSE), No. 278, Yecaurd, Salem

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

St. Charles School (CBSE), No. 278, Yecaurd, Salem District, Tamil Nadu

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

Present: None. None appeared on behalf of the petitioner, even in second

round.

On last occasions dated 21.08.2019 and 10.12.2019, none

was present on behalf of the petitioner, even in second round.

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.

JUSTICE NARENDRA KUMAR JAIN

CHAIRMAN

DR. JASPAL SINGH MEMBER

SR

Case No. 926 of 2018 09.02.2021



Providence College for Women, Springfield P.O., Coonoor, The Nilgiris, Tamil Nadu.

V/s. Principal Secretary, Higher Education Department, Government of Tamil Nadu, Fort, St. George, Secretariat, Chennai, Tamil Nadu.

Present: None. None appeared on behalf of the petitioner, even in second round. On last occasions dated 21.08.2019 and 10.12.2019, none

was present on behalf of the petitioner, even in second round.

It transpires from the record that the petitioner has not filed

application in the prescribed format and also not applied to the

Competent Authority of the State Government for grant of NOC.

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.






CHAIRMAN


SR

Case No. 932 of 2018 09.02.2021



Shri Pratap Bhanu Jain Inter College, Sasni, Mahamaaya Nagar, Hathras, District - Hathras, Uttar Pradesh - 204101

V/s. The Principal Secretary, Higher Education, Department of Education, Government of Uttar Pradesh, Uttar Pradesh

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

Learned counsel for the petitioner has filed true copy of Order

dated 22.01.2020 and also one set of MSC application along with

envelope and postal stamps, by hand before the Commission’s office

on dated 18.02.2020, which are taken on record.

Respondent has sent by post a copy of letters dated

02.03.2020 and 27.04.2020 along with some Annexures which were

received in the Commission’s Office on dated 05.03.2020, and

01.06.2020, and taken on record.

Office is directed to supply copies of above letters to the

learned counsel for the petitioner.

Office is directed to issue again notice to the respondent.

List on 20.07.2021.


CHAIRMAN


SR

Case No. 82 of 2019 09.02.2021



Shri Pratap Bhanu Jain Poorve Madhyamic Vidhyalaya, Shahpur, Khurd, Block Sasni, Mahamaaya Nagar, Hathras, District - Hathras, Uttar Pradesh - 204101

V/s. The Principal Secretary, Higher Education, Department of Education, Government of Uttar Pradesh, 11, Naveen Bhawan, Secretariat, Lucknow, Uttar Pradesh






In the interest of justice and due to Covid-19 pandemic,


List on 20.07.2021.


CHAIRMAN


SR

Case No. 85 of 2019 09.02.2021



Shri Pratap Bhanu Jain Prathamic Vidhyalaya, Shahpur, Khurd, Akhaipur, Hathras, District - Hathras, Uttar Pradesh - 204101

V/s. The Principal Secretary, Higher Education, Department of Education, Government of Uttar Pradesh, 11, Naveen Bhawan Secretariat, Lucknow, Uttar Pradesh








List on 20.07.2021.


CHAIRMAN


SR

Case No. 86 of 2019 09.02.2021



St. Gregorious L.P. School (Aided), Punnakkulam, K.S. Puram P.O., Karunagapally, Kollam, Kerala

V/s. The Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala – 695001

Present: None. None appeared on behalf of the petitioner, even in second

round.

On last occasion dated 01.12.2020, none was present on

behalf of the petitioner, even in second round.






CHAIRMAN


SR

Case No. 380 of 2019 09.02.2021



St. Joseph's Higher Primary School, Sakeshpur Hassan, Karnataka

V/s. Additional Chief Secretary to Government, Education Department (Higher Education), Sixth Floor, Multi-Storeyed Building, Bengaluru - 560001, Karnataka

Present: Mr. Ravi Sagar, Advocate for the petitioner None for the respondent. Mr. Ravi Sagar, Advocate appeared on behalf of the arguing

counsel Mr. Owen C.

Mr. Ravi Sagar, Advocate 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.


CHAIRMAN


SR

Case No. 467 of 2019 09.02.2021



Holy Redeemer Composite P U College, Gangankoppa, Hosanagar, Taluk Shimoga, Karnataka

V/s. Additional Chief Secretary to Government, Education Department (Higher Education), Government of Karnataka, Sixth Floor, Multi-Storeyed Building, Bengaluru - 560001


counsel Mr. Owen C.

Petitioner has sent by post a letter dated 02.03.2020, which is

received in the Commission’s Office on dated 03.03.2020, and taken

on record.






CHAIRMAN


SR

Case No. 468 of 2019 09.02.2021



Sneha Sadan Private Primary School, Kanakal, Basavana Bagevady Tq., Bijapur District, Karnataka

V/s. The Additional Chief Secretry to Government, Education Department (Higher Education), Sixth Floor, Multi-Storeye Building, Bengaluru - 560001


counsel Mr. Owen C.

Additional Commissioner for Public Instructions Dharwad,

Karnataka has sent a letter by post, which is received in the

Commission’s Office on dated 06.01.2020, and taken on record.






CHAIRMAN


SR

Case No. 471 of 2019 09.02.2021



Holy Redeemer Kannada Medium High School, Gangankoppa Village, Hosanagar Taluk, Shimoga Districty, Karnataka.

V/s. The Additional Chief Secretary to Government, Education Department (Higher Education), Sixth Floor, Multi-Storeyed Building, Bengaluru - 560001.


counsel Mr. Owen C.






CHAIRMAN


SR

Case No. 472 of 2019 09.02.2021



Holy Redeemer English Medium High School, Gangakoppa Village, Hosanagar Taluk, Shimoga District, Karnataka

V/s. The Additional Chief Secretary to Government, Education Department (Higher Education), Sixth Floor, Multi-storeyed Building, Bengaluru - 560001


counsel Mr. Owen C.

Respondent has sent a letter dated 13.02.2020 by post, which

is received in the Commission’s Office on dated 18.02.2020, and

taken on record.






CHAIRMAN


SR

Case No. 473 of 2019 09.02.2021



Holy Cross English Medium Primary School, Lakshmi Nagar Camp, Somasamudra, Ballari, karnataka

V/s. The Additional Chief Secretary to Government, Education Department (Higher Education), Sixth Floor, Multi-Storeyed Building, Bengaluru – 560001


counsel Mr. Owen C.

Petitioner has sent five documents by post along with

Vakalatnama of Mr. Owen C which is received in the Commission’s

Office on dated 03.03.2020, which are taken on record.






CHAIRMAN


SR

Case No. 474 of 2019 09.02.2021



St. Ann's High School, Kabir Chowk, Sabarmati, Ahmedabad District, Gujarat - 380005

Vs. 1. Commissioner of Schools, Commissionarate of Mid Day Meals and Schools, Government of Gujarat, Sector – 10, Gandhinagar, Gujarat. 2. Commissioner of Schools, Block No. 9-1, Dr. Jivraj Meheta Bhawan, Gandhinagar, Gujarat-382010.

Present: Mr. Robin Raju, Advocate for the petitioner None for the respondent.

Mr. Robin Raju, Advocate appeared on behalf of the arguing

counsel Mr. Jose Abraham.

Despite service of regd. notice, none appeared on behalf of

both the respondents.

Learned counsel for the petitioner has prayed for time to file

certified copies of the relevant documents as well as to comply with

the Commission’s earlier Order dated 10.12.2019. In the interest of

justice, time prayed for is allowed.


learned counsel for the petitioner is directed to submit two envelopes

and postal charges for sending regd. notice again to the respondents.

After compliance of the above order by the Petitioner, Office

is directed to issue notice to the respondent.

List on 02.11.2021.


CHAIRMAN


SR

Case No. 788 of 2019 09.02.2021



St. Gasper Vidyalaya, Kithiganur, Medahalli Road, K.R. Puram Post, Bangalore, Karnataka - 560036

V/s. The Additional Chief Secretary to Government, Education Department (Higher Education), Government of Karnataka, Sixth Floor, Multi-Storeyed Building, Bengaluru - 560001, Karnataka





the respondent.

Learned counsel for the petitioner has prayed for time to file

certified copies of the relevant documents as well as to comply with

the Commission’s earlier Order dated 10.12.2019. In the interest of

justice, time prayed for is allowed.


learned counsel for the petitioner is directed to submit two envelopes

and postal charges for sending regd. notice again to the respondents.

After compliance of the above order by the Petitioner, Office

is directed to issue notice to the respondent.

List on 02.11.2021.

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN


SR

Case No. 795 of 2019 09.02.2021



St. Dominic's Primary School (English Medium), Bodeli Road, Kawant, Chhotaudepur, Vadodara District, Gujarat – 391170

Vs. 1. Commissioner of Schools, Commissionarate of Mid Day

Meals and Schools, Government of Gujarat, Sector – 10,Gandhinagar, Gujarat.

2. Commissioner of Schools, Block No. 9-1, Dr. Jivraj Meheta Bhawan, Gandhinagar, Gujarat-382010.





both the respondents.

Deputy Director, Directorate of Primary Education,

Gandhinagar, Gujarat sent a letter dated 08.09.2020 by post, which is

received in the Commission’s Office on dated 14.09.2020, and taken

on record.

Joint Director (Secondary), Gujarat State, Gandhinagar has

also sent a letter dated 07.09.2020 by post, which is received in the

Commission’s Office on dated 14.09.2020, also taken on record.

Office is directed to supply copy of the above letters to the

learned counsel for the petitioner.

In the interest of justice, list on 02.11.2021.


CHAIRMAN


SR

Case No. 830 of 2019 09.02.2021



St. George Public School, Kulapparachal P.O., Kuruvilacity, Idukki Dt., Kerala.

Vs. Secretary, General Education Deptt., Government of Kerala, Thiruvananthapuram, Kerala – 695 001.





the respondent.

Learned counsel for the petitioner has again prayed for time to

file certified copies of the relevant documents as well as to comply

with the Commission’s earlier Order dated 10.12.2019. In the interest

of justice, time prayed for is allowed.


learned counsel for the petitioner is directed to submit an envelope

and postal charges for sending regd. notice again to the respondent.

After compliance of the above order by the learned counsel

for the petitioner, Office is directed to issue notice to the respondent.

List on 02.11.2021.


CHAIRMAN


SR

Case No. 831 of 2019 09.02.2021



Mount Carmal Convent R.C.L.P.S., Thangassery, Kollam District, Kerala - 691007.

Vs. 1. Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala – 695001 2. Director Directorate of Minority welfare Government of Kerala, 4th floor, Vikas Bhavan, Thiruvanathapuram, 695033.

Present: Mr. Robin Raju, Advocate for the petitioner Mr. Robin Raju, Advocate appeared on behalf of the arguing


Learned counsel for the petitioner has again prayed for time to

file certified copies of the relevant documents as well as to comply

with the Commission’s earlier Order dated 09.09.2020. In the interest

of justice, time prayed for is allowed.

Learned counsel for the petitioner has filed additional

envelope and postal stamp by hand, before the Commission’s office


List on 02.11.2021.


CHAIRMAN


SR

Case No. 317 of 2020 09.02.2021



Balayesu English Medium High School, Nagarazm (Vil. & Mdl.), Guntur District, Andhra Pradesh - 522268.

Vs. Secretary to Government, Government of Andhra Pradesh, Minorities Welfare Department, 3rd Floor, Andhra Pradesh Secretariat, Velagapudi, Amaravati, Andhra Pradesh - 500022.


Learned counsel for the petitioner ready to comply with the

earlier Order dated 15.09.2020 and he is directed to file the

documents before the Commission’s Office.



CHAIRMAN


SR

Case No. 335 of 2020 09.02.2021



09.02.2021

Sir Syed Balika Inter, Ghauspur, Mahul, District - Azamgarh, Uttar Pradesh - 223225.

Vs. 1. Secretary, Room No. – 19, 3rd Floor, Sachiv Bhavan, Uttar Pradesh

Secretariat, Lucknow, Uttar Pradesh – 226001. 2. Additional Chief Secretary, Department of Higher Education,

Government of Uttar Pradesh, Bahu Khandi, Secretriat, Lucknow, Uttar Pradesh - 226001.

Present: None.

An application for grant of minority status certificate to Sir Syed

Balika Inter, Ghauspur, Mahul, District - Azamgarh, Uttar Pradesh -

223225 has been received by post on 27.01.2021, which is in old format. It

be registered.

It transpires from the petition that on 12.10.2020 the petitioner has

applied for No Objection Certificate to the wrong State Competent

Authority i.e. Secretary, Room No. – 19, 3rd Floor, Sachiv Bhavan, Uttar

Pradesh Secretariat, Lucknow, Uttar Pradesh – 226001 instead of

Additional Chief Secretary, Department of Higher Education, Government

of Uttar Pradesh, Bahu Khandi, Secretariat, Lucknow, Uttar Pradesh -

226001, which was received by the respondent on 16.10.2020. 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

registered AD to the respondent.

It also transpires from the petition that this institute is in Uttar

Pradesh but in declaration part of Minority Status Application place

mentioned as Mumbai.

It transpires from the check list that office has not reported properly.

Deputy Secretary of the Commission is directed to check this application,

and then file the office report again.

Petitioner has also not filed the envelope with postage charges for

sending notice to the respondents and filed only one set of Minority Status

application instead of five sets.

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

petition be not dismissed at this stage.

In the interest of justice list on 02.11.2021.



A.K.



09.02.2021

St. Xavier's English Medium School, Umreth, Anand District, Gujarat - 388220.

Vs. 1. Commissioner of Schools, Commissionerate of Mid Day Meals

and Schools, Govt. of Gujarat, Sector – 10, Gandhinagar, Gujarat. 2. Deputy Director, Directors of Schools, Old Sachivalaya Block 9/1,

Gandhinagar, Gujarat - 382010

Present: Mr. Robin Raju, Advocate for the petitioner.

An application has been received by hand on 28.01.2021 for grant

of minority status certificate to St. Xavier's English Medium School,

Umreth, Anand District, Gujarat - 388220. It be registered.

It transpires from the petition that on 04.06.2019, the petitioner has

applied for grant of No Objection Certificate to the wrong State Competent

Authority i.e. Commissioner of Schools, Commissionerate of Mid Day

Meals and Schools, Govt. of Gujarat, Sector – 10, Gandhinagar, Gujarat

instead of Deputy Director, Directors of Schools, Old Sachivalaya Block

9/1, Gandhinagar, Gujarat - 382010, who is the State Competent Authority

notified by the State of Gujarat for grant of NOC, which was received by

respondent no 06.06.2019. The said petition is still pending. The petitioner

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



At this time competent authority in the State of Gujarat for grant of

NOC is Deputy Director, Directors of Schools, Old Sachivalaya Block 9/1,

Gandhinagar, Gujarat - 382010.

In this case office has reported that recognition /affiliation certificate

filed with this petition is in Gujarati language and not issued by

Central/State Examination Board. Petitioner has also not filed the

amended trust deed.

Learned counsel for the petitioner has prayed for some time to file

certain relevant documents alongwith an envelope with postage charges

for sending notice to both the respondents. Time prayed for is allowed.




A.K

GOVERNMENT OF INDIA

NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

09.02.2021.

St. Maria De Mattias School, Ring Road Junction, Srirampura, Mysore, Karnataka - 570008.

Vs. 1. Principal Secretary, Education Deptt. (Primary & Secondary

Education), Govt. of Karnataka, Sixth Floor, Multi-Storeyed Building, Bengaluru – 560001

2. Additional Chief Secretary, Education Department (Higher Education), Government of Karnataka, Sixth Floor, Multi-Storeyed Building, Bengaluru - 560001.

Present: Mr. Robin Raju, Advocate for the petitioner.


of minority status certificate to St. Maria De Mattias School, Ring Road

Junction, Srirampura, Mysore, Karnataka - 570008. It be registered.



Authority i.e. Principal Secretary, Education Deptt. (Primary & Secondary

Education), Govt. of Karnataka, Sixth Floor, Multi-Storeyed Building,

Bengaluru – 560001 instead of Additional Chief Secretary, Education

Department (Higher Education), Government of Karnataka, Sixth Floor,

Multi-Storeyed Building, Bengaluru - 560001, who is the State Competent

Authority notified by the State of Karnataka for grant of NOC, which was

received by respondent no 17.11.2018. The said petition is still pending.

The petitioner has waited sufficiently for a period of 90 days, before filing

this petition.



At this time competent authority in the State of Karnataka for grant

of NOC is Additional Chief Secretary, Education Department (Higher

Education), Government of Karnataka, Sixth Floor, Multi-Storeyed

Building, Bengaluru - 560001.

It transpires from the records that petitioner has submitted

recognition/ affiliation order issued by Block Education Officer (Mysore

District).


an additional envelope with postage charges for sending notices to both

the respondents. Time prayed for is allowed.

After submission of envelope with postage charges by the learned

counsel for the petitioner, office is directed to issue notice to the

respondents by registered AD/e-mail.

Office is directed to tag the file number 277 of 2018 with this case.




A.K



09.02.2021

Shri Sachidanand Gurukul Vidhyalaya, Near Garibsha Pir, Valavad, P.B. No. 85, Sihor, Bhavnagar District, Gujarat - 364240.

Vs. 1. Commissioner of Schools, Commissionerate of Mid Day Meals

and Schools, Govt. of Gujarat, Sector – 10, Gandhinagar, Gujarat. 2. Deputy Director, Directors of Schools, Old Sachivalaya Block 9/1,

Gandhinagar, Gujarat - 382010

Present: Mr. Robin Raju, Advocate for the petitioner


of minority status certificate to Shri Sachidanand Gurukul Vidhyalaya,

Near Garibsha Pir, Valavad, P.B. No. 85, Sihor, Bhavnagar District,

Gujarat - 364240. It be registered.



Authority i.e. Commissioner of Schools, Commissionerate of Mid Day

Meals and Schools, Govt. of Gujarat, Sector – 10, Gandhinagar, Gujarat

instead of Deputy Director, Directors of Schools, Old Sachivalaya Block

9/1, Gandhinagar, Gujarat - 382010, who is the State Competent Authority

notified by the State of Gujarat for grant of NOC, which was received by

respondent no 11.12.2018. The said petition is still pending. The petitioner

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

The petitioner has filed the photocopy of AD received from the

respondent.

At this time competent authority in the State of Gujarat for grant of

NOC is Deputy Director, Directors of Schools, Old Sachivalaya Block 9/1,

Gandhinagar, Gujarat - 382010.

In this case office has reported that petitioner has not filed

recognition /affiliation certificate with this petition.


updated recognition / affiliation certificate issued by the Central / State

Examination Board alongwith an envelope with postage charges for

sending notice to both the respondents. Time prayed for is allowed.

Office is directed to tag the file number 478 of 2018 with this case.




A.K

Documents

St. Charles School (CBSE), No. 278, Yecaurd, Salem