f. no. 1235 of 2017 national commission for...
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F. NO. 1235 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 Chakai
Parish Society. Other case has been registered as Case No. 1236 of
2017. Since a common question of law and fact is involved in both the
cases, they can be disposed of by a common order. It is, therefore,
ordered that the record of 1236 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 the certified copies of
the Certificate of Registration, Memorandum of Association, Rules &
Regulations, amended Memorandum of Association, amended Rule &
Regulations and list of Members for 2017-18 of the Chakai Parish Society.
He has filed the affidavits of the Kurien Valiakandathil in support of
the averments made in the petitions and also to prove that the
beneficiaries of the petitioner institutions are members of the Christian
community.
He has filed original certificates issued by the Prakhand Shiksha
Padadhikari, Jamui in both the cases.
He has also filed the unique ID No. BR/2017/0159897 of the
petitioner society as given by the Niti Aayog portal NGO Darpan.
The petitioner is directed to file some additional documents
regarding recognition of the petitioner institutions.
List on 17.8.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
F. NO. 1237 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 produced the original order dated 15.7.2017 issued by the
District Elementary Educational Officer, Madurai, which after due
verification was returned to him. The said order is in Tamil language.
English translation thereof duly notarized by the Notary Public has been
filed.
He has filed the original certificate issued by the Assistant
Elementary Educational Officer, Madurai certifying that the petitioner
institution is a recognized institution. He has also filed a comprehensive
affidavit of Mr. R. Arun in support the averments made in the petition.
He has produced the original burial certificates of Mr. S. Rajendran
and Mr. J. Selvaraj, father and grand-father of Mr. R. Arun to prove that he
belong to Christian community.
Issue final notice to the respondent to file reply on or before the
next date of hearing.
List on 13.7.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
F. NO. 1238 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Fr. Joseph for the petitioner. Mr. Jai Singh Rana for the respondent.
Fr. Joseph 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 to file reply on or before the
next date of hearing.
List on 29.11.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
F. NO. 1239 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Sebastian P.V. for the petitioner. Mr. Jai Singh Rana for the respondent.
Mr. Jai Singh Rana has filed reply, copy of which is furnished to the
petitioner for filing rejoinder, if any.
The petitioner is directed to file a copy of the petition to the State
competent authority and submit proof on the next date.
List on 29.11.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
F. NO. 1240 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Sayid Marzook for the petitioner. Mr. G. Prakash, Advocate for the respondent.
Learned counsel for the respondent has filed letter dated 30.9.2016
issued by the General Educational Department, Kerala. He assures to file
instruction of the State Government for appearing in the Kerala matters.
The petitioner is directed to file a copy of the petition to the State
competent authority and submit proof on the next date.
Learned counsel for the respondent is directed to file reply on or
before the next date.
List on 30.7.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
F. NO. 1242 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Sayid Marzook for the petitioner. Mr. G. Prakash, Advocate for the respondent.
Learned counsel for the respondent has filed letter dated 30.9.2016
issued by the General Educational Department, Kerala. He assures to file
instruction of the State Government for appearing in the Kerala matters.
The petitioner is directed to file a copy of the petition to the State
competent authority and submit proof on the next date.
Learned counsel for the respondent is directed to file reply on or
before the next date.
List on 30.7.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
F. NO. 1241 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Sayid Marzook 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 30.7.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
F. NO. 122 OF 2018
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Preetam Mehta for the petitioner. None for the respondent.
Mr. Preetam Mehta 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 to file reply on or before the
next date of hearing.
List on 12.9.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
F. NO. 123 OF 2018
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Preetam Mehta for the petitioner. None for the respondent.
Mr. Preetam Mehta 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 to file reply on or before the
next date of hearing.
List on 12.9.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
F. NO. 124 OF 2018
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Preetam Mehta for the petitioner. None for the respondent.
Mr. Preetam Mehta 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 to file reply on or before the
next date of hearing.
List on 12.9.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
F. NO. 1022 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Zaheer Ahmad for the petitioner. None for the respondent.
Mr. Zaheer Ahmad has produced the original Certificate of
Registration of the Azmi Educational Society and the original order dated
4.4.2016 issued by the Regional Secretary, Madhyamik Shiksha Parishad,
which after due verifications were returned to him.
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 to file reply on or before the
next date of hearing.
List on 16.7.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
F. NO. 266 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: None for the petitioner. Mr. G. Prakash, Advocate for the respondent.
Issue final notice to the petitioner for filing amended petition in the
prescribed format.
List on 29.11.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
F. NO. 267 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 29.11.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
F. NO. 327 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 29.11.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
F. NO. 347 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Junais P., Advocate for the petitioner.
Learned counsel for the petitioner has filed his Vakalatnama. He
has also filed amended petition in the prescribed format.
Issue notice to the respondent. The petitioner is directed to
produce original documents on the next date.
List on 29.11.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
F. NO. 349 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Junais P., Advocate for the petitioner.
Learned counsel for the petitioner has filed his Vakalatnama. He
has also filed amended petition in the prescribed format.
Issue notice to the respondent. The petitioner is directed to
produce original documents on the next date.
List on 29.11.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
F. NO. 368 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 on the next date.
List on 29.11.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
F. NO. 373 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 on the next date.
List on 29.11.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
F. NO. 416 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Junais P., Advocate for the petitioner.
Learned counsel for the petitioner has filed the certified copies of
the renewed Certificate of Registration, amended Memorandum of
Association, amended Rules & Regulations and list of present members of
the Chhatrapati Shahu Ji Maharaj Sewa Sansthan.
Issue final notice to the respondent to file reply on or before the
next date.
List on 10.7.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
APPEAL No. 04 OF 2018
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Preetam Mehta for the petitioner. None for the respondent.
Issue notice to the respondent to apprise the Commission about the
status of the petitioner’s application for NOC.
List on 12.9.2018.
DR. BALTEJ SINGH MANN
MEMBER
DR. NAHEED ABIDI
MEMBER
3.5.2018 MD
F. NO. 346 OF 2017
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS
Present: Mr. Junais P., 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 copies of the
unamended Memorandum of Association and unamended Rules &
Regulations of Shri Krishna Sudama Sansthan Society.
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 Shri Krishna
Sudama Sansthan Samiti, which is a registered society, constituted by the
majority members of the Jain community. Out of 09 founding members, 08
are from the Jain community and out of 08 present members, 07 are also
from the Jain 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 Shri Rajesh Kumar Jain.
The amended Memorandum of Association of the said Society clearly
reflects that the beneficiaries of the petitioner institution are members of the
Jain community. In addition, the said fact also stands proved from the affidavit
of Shri Rajesh Kumar Jain. 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 Dr. Vijay Ayurvedic Medical College, Hospital
& Research Centre, Village Bhandaha Kala, Kaithi, Varanasi, Uttar Pradesh-
221 116 run by Shri Krishna Sudama Sansthan 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 Jain community. Consequently, Dr. Vijay Ayurvedic
Medical College, Hospital & Research Centre, Village Bhandaha Kala, Kaithi,
Varanasi, Uttar Pradesh- 221 116 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
3.5.2018 MD