government of india national commission for …ncmei.gov.in/writereaddata/links/28nov 19 daily...

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS M. Mohandas, Kadambam, Vallikunnu North, Vallikunnu, Malappuram, Kerala.

V/s. SMM Higher Secondary School(Saithalikutty Master Memorial Higher Secondary), Reyirimangalam , P.O. Tanur(Via), Malappuram, Kerala. CASE NO. 781 of 2018 Date: 28.11.2019

Present: None for the petitioner. Mr. Azhar Azeer, Advocate for the respondent. Learned counsel for the respondent seeks time to file reply before

the Commission’s office. Time prayed for is allowed.

In the interest of justice, list on 05.02.2020.

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER

KS


EDUCATIONAL INSTITUTIONS Guru Nanak Khalsa College, Railway Road, Karnal, Haryana.

V/s. Director General, Higher Education Department, Government of Haryana. APPEAL NO. 05 of 2018 Date: 28.11.2019

Present: Mr. Junais P., Advocate for the Appellant. Mr. Virendra Prasad for the respondent. At request of parties, adjourned to 12.12.2019.



KS


EDUCATIONAL INSTITUTIONS Divya Jyothi Pre Primary School, Udbur, Mysore Taluk, Mysore District, Karnataka.

V/s. Additional Chief Secretary to Government, Education Department (Higher Education), Sixth Floor, MultiStoreyed Building, Bengaluru. CASE NO. 419 of 2019 Date: 28.11.2019

Present: Ms. Sarah Shaji, Advocate for the petitioner. None for the respondent. Despite registered notice, none appeared on behalf of the

respondent.

A reply by post has been received from the Director,

(Department of Education), Directorate of Urdu and Other Minority

Language Schools, Government of Karantaka, which is taken on

record.

Office is directed to supply a copy of said reply to learned

counsel for the petitioner.

Learned counsel for the petitioner has submitted six documents

before the Commission’s office on 15.11.2019, which are taken on

record.




KS


EDUCATIONAL INSTITUTIONS Infant Jesus Matriculation Higher Secondary School, Kannabiran Koil Street, Pallikaranai, Chennai, Tamil Nadu.

V/s. The Principal Secretary, School Education Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu. CASE NO. 420 of 2019 Date: 28.11.2019

Present: Ms. Sarah Shaji, Advocate for the petitioner. None for the respondent. Despite service of registered notice, none appeared on behalf of

the respondent.

The Director of Matriculation Schools, Government of T.N., has

sent a counter affidavit on behalf of the respondent by post, which is

taken on record.

Office is directed to supply a copy of counter affidavit to learned




record.




KS


EDUCATIONAL INSTITUTIONS Sacred Heart Matriculation Higher Secondary School, Kamarajapuram, Tirunermalai Road, Chennai, Tamil Nadu.



respondent.



taken on record.



Learned counsel for the petitioner prayed some time to file

certified copies of relevant documents as well as compliance of earlier

order dated 11.07.2019 of the Commission. Time prayed for is allowed.




KS


EDUCATIONAL INSTITUTIONS John Bosco Matric Higher Secondary School, 144, Bunglow Street, Kadaliayur Road, Kovilpatti, Thoothukudi District, Tamil Nadu.


Present: Ms. Sarah Shaji, Advocate for the petitioner. None for the respondent. Despite service of registered notice, none appeared on behalf of

the respondent.



taken on record.




certified copies of relevant documents. Time prayed for is allowed.




KS


EDUCATIONAL INSTITUTIONS St. Kuriakose Public School, Monippally P.O., Kottayam District, Kerala

V/s. The Secretary, General Education Department, Government of Kerala, Thiruvananthapuram, Kerala. CASE NO. 423 of 2019 Date: 28.11.2019


respondent.

Office is directed to submit post office receipt, acknowledgement

if received, or tracking report.







KS


EDUCATIONAL INSTITUTIONS Mount Carmel Convent School, Bairagarh Chichli, Kolar Road, Bhopal, Madhya Pradesh. CASE NO. 424 of 2019 Date: 28.11.2019

Present: Sr. Tripti for the petitioner. At request, case is adjourned to 26.05.2020.



KS


EDUCATIONAL INSTITUTIONS IPS Academy, Knowledge Village, Rajendar Nagar, A.B. Road, Indore, Madhya Pradesh.

V/s. The Secretary, Backward Classes and Minority Welfare Department, Government of Madhya Pradesh, Mantralaya, Bhopal, Madhya Pradesh. CASE NO. 425 of 2019 Date: 28.11.2019

Present: Mr. Junais P., Advocate for the petitioner. None for the respondent. Despite registered notice, none appeared on behalf of the

respondent.

A letter dated 11.11.2019 by post has been received from

Deputy Director, Backward Classes and Minority Welfare Department,

Government of Madhya Pradesh, Madhya Pradesh, which is taken on

record.

Office is directed to supply a copy of said letter to learned




record.

Learned counsel for the petitioner requested that this case be

listed on 06.02.2020 as some connected matters are also coming up for

hearing on the said date.


DR. NAHEED ABIDI

MEMBER


KS


EDUCATIONAL INSTITUTIONS IPS Academy, School of Architecture, Hukmakhedi, Rajendra Nagar, A.B. Road, Indore, Madhya Pradesh.

V/s. The Secretary, Backward Classes and Minority Welfare Department, Government of Madhya Pradesh, Mantralaya, Bhopal, Madhya Pradesh. CASE NO. 426 of 2019 Date: 28.11.2019

Present: Mr. Junais P., Advocate for the petitioner. None for the respondent. Despite registered notice, none appeared on behalf of the

respondent.

A letter dated 11.11.2019 by post has been received from

Deputy Director, Backward Classes and Minority Welfare Department,

Government of Madhya Pradesh, Madhya Pradesh, which is taken on

record.





record.

Learned counsel for the petitioner requested that this case be

listed on 06.02.2020 as some connected matters are also coming up for

hearing on the said date.


DR. NAHEED ABIDI

MEMBER


KS


EDUCATIONAL INSTITUTIONS Dr. V.S. Issac Aiyya Medical College & Research Institute, 126, Attupakkam Manajambadi Railway Gate, Arrakkonam Taluk, Vellore District, Tamil Nadu. CASE NO. 427 of 2019 Date: 28.11.2019

Present: Mr. Thomas Franklin Caesar, Advocate for the petitioner. Learned counsel for the petitioner filed his vakalatnama and

prayed for adjournment, which is granted.


DR. NAHEED ABIDI

MEMBER


KS


EDUCATIONAL INSTITUTIONS Annai Velankanni's College of Nursing, No. 33, Gandhi Road, Nedungundram, Chennai, Tamil Nadu.


Present: Ms. Sarah Shaji, Advocate for the petitioner. None for the respondent.

Despite registered notice, none appeared on behalf of the

respondent.

A letter dated 27.08.2019 by post has been received from the

Deputy Secretary, Higher Education (A2) Department, Government of

T.N., which is taken on record.







DR. NAHEED ABIDI

MEMBER


KS


EDUCATIONAL INSTITUTIONS

28.11.2019

St. Mary’s School, P.B. No. 26, Kalawad Road, Rajkot Dt., Gujarat. 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: Ms. Sarah Shazi, Advocate for the petitioner.

An application for grant of minority status certificate to St. Mary’s School, P.B.

No. 26, Kalawad Road, Rajkot Dt., Gujarat has been received by hand on 04.10.2019

from the petitioner mentioned above. It be registered.

It transpires from the petition that on 21.06.2019, the petitioner has applied for

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

Commissioner of Schools, Commissionarate of Mid Day Meals and School,

Government of Gujarat, Sector – 10, Gandhi Nagar, Gujarat instead of Commissioner

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

who is the State Competent authority for grant of NOC notified by the State of

Gujarat, which was received by the respondent on 24.06.2019. 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 State of Gujarat is Commissioner of

Schools, Block No. 9-1, Dr. Jivraj Meheta Bhawan, Gandhinagar, Gujarat-382010. In

the interest of justice, issue notice to both the respondents.

In this case, office has reported that the recognition/affiliation certificate has

not filed by the petitioner with this petition and society registration certificate filed by

the petitioner is in Gujarati language.

Learned Counsel for the petitioner is directed to file the updated

recognition/affiliation certificate issued by the State/ Central Board, english translation

of society registration certificate and one more envelope with postage charges for

sending notice to both the respondents.

Learned Counsel for the petitioner has prayed for some to file the updated

recognition certificate issued by the State/ Central Board, english translation of

society registration certificate and one more envelope with postage charges. Time

prayed for is allowed.

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

List on 28.05.2020.



Ash.



28.11.2019

St. Xavier’s School, P.B. No. 26, Near Wockhardt Hospital, Kalawad Road, Rajkot Dt., Gujarat.

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.


An application for grant of minority status certificate to St. Xavier’s School,

P.B. No. 26, Near Wockhardt Hospital, Kalawad Road, Rajkot Dt., Gujarat has been

received by hand on 04.10.2019 from the petitioner mentioned above. It be

registered.


grant of No Objection Certificate before the Commissioner of Schools,

Commissionarate of Mid Day Meals and School, Government of Gujarat, Sector – 10,

Gandhi Nagar, Gujarat instead of Commissioner of Schools, Block No. 9-1, Dr. Jivraj

Meheta Bhawan, Gandhinagar, Gujarat-382010 who is the State Competent authority

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

respondent on 24.06.2019. The said petition is still pending. The petitioner has

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




In this case, office has reported that the recognition/affiliation certificate has

not filed by the petitioner with this petition.


recognition/affiliation certificate issued by the State/ Central Board and one more

envelope with postage charges for sending notice to both the respondents.


recognition certificate issued by the State/ Central Board and one more envelope with

postage charges. Time prayed for is allowed.


List on 28.05.2020.



Ash.



28.11.2019 St. Joseph’s Convent Higher Secondary School, Civil Lines, Khandwa Dt., Madhya Pradesh.

Vs. Secretary, Room No. 339, Backward Classes and Minority Welfare Department, Govt. of Madhya Pradesh, Mantralaya, Bhopal, Madhya Pradesh. Present: Ms. Sarah Shazi, Advocate for the petitioner.

An application for grant of minority status certificate to St. Joseph’s Convent

Higher Secondary School, Civil Lines, Khandwa Dt., Madhya Pradesh has been


registered.


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

Room No. 339, Backward Classes and Minority Welfare Department, Govt. of

Madhya Pradesh, Mantralaya, Bhopal, Madhya Pradesh, which was received by the

respondent on 24.01.2019. The said petition is still pending. The petitioner has

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

Petitioner has already filed the proof of delivery of the registered AD sending

to the respondent.

Office is directed to tag the Case file No. 1296 of 2017 with this case. Issue notice to the respondent by registered AD/e-mail.

List on 28.05.2020.

DR. NAHEED ABIDI

MEMBER


Ash.



28.11.2019

St. Xavier’s School, Nagor P.O., Raidhanpar, P.B. No. 14, Bhuj, Kutch Dt., Gujarat.

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.


An application for grant of minority status certificate to St. Xavier’s School,

Nagor P.O., Raidhanpar, P.B. No. 14, Bhuj, Kutch Dt., Gujarat has been received by

hand on 04.10.2019 from the petitioner mentioned above. It be registered.



Commissioner of Schools, Commissionarate of Mid Day Meals and School,

Government of Gujarat, Sector – 10, Gandhi Nagar, Gujarat instead of Commissioner

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

who is the State Competent authority for grant of NOC notified by the State of

Gujarat, which was received by the respondent on 07.06.2019. The said petition is

still pending. The petitioner has waited sufficiently for a period of 90 days before filing

this petition.




In this case, office has reported that the petitioner has filed the permission

letter for starting the new class instead of recognition/affiliation certificate.


recognition/affiliation certificate issued by the State/ Central Board and one more

envelope with postage charges for sending notice to both the respondents.


recognition certificate issued by the State/ Central Board and one more envelope with

postage charges. Time prayed for is allowed.


List on 28.05.2020.

DR. NAHEED ABIDI

MEMBER


Ash.


EDUCATIONAL INSTITUTIONS 27.11.2019

St. Paul Public School, 39/2, Kumbakonam Road, Pannikankuppam, Panruti, P.O., Cuddalore Dt., Tamil Nadu.

Vs. Principal Secretary, School Education Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu – 9.

Present: Mr. Vikas & Ms. Manju Patiyani, Advocate for the petitioner.

An application for grant of minority status certificate to St. Paul Public School,

39/2, Kumbakonam Road, Pannikankuppam, Panruti, P.O., Cuddalore Dt., Tamil

Nadu has been received by hand on 03.10.2019 from the petitioner mentioned

above. It be registered.


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

Secretary, School Education Deptt., Government of Tamil Nadu, Fort St. George,

Secretariat, Chennai, Tamil Nadu, which was received by the respondent on

11.05.2019. The said petition is still pending. The petitioner has waited sufficiently for

a period of 90 days before filing this petition.


to the respondent.

Office is directed to tag the Case file No. 665 of 2016 with this case. Issue notice to the respondent by registered AD/e-mail.

List on 28.05.2020.



Ash.



Hidayath Nursery & Primary School, Vallam, Medical College Road, Thanjavur, Tamil Nadu.


Present: Mr. Junais P., Advocate for the petitioner.

An application for grant of minority status certificate to Hidayath Nursery &

Primary School, Vallam, Medical College Road, Thanjavur, Tamil Nadu has been


registered.








to the respondent.

In this case, office has reported that the validity of recognition/affiliation

certificate filed by the petitioner has been expired.


recognition/affiliation certificate issued by the State/ Central Board.


recognition certificate issued by the State/ Central Board.

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

List on 28.05.2020.



Ash.



28.11.2019 St. Paul’s School, Lasuldiya, Amla Road Nalakheda, Agar Malwa Dt., Madhya Pradesh.

Vs. Secretary/Commissioner, Backward Classes and Minority Welfare Department, Satpuda Bhawan, Govt. of MP, Bhopal, Madhya Pradesh.

Present: None.

An application for grant of minority status certificate to St. Paul’s School,

Lasuldiya, Amla Road Nalakheda, Agar Malwa Dt., Madhya Pradesh has been

received by post on 01.10.2019 from the petitioner mentioned above. It be registered.

It transpires from the petition that on 21.06.2019 petitioner has applied for


Secretary/The Commissioner, Backward Classes and Minority Welfare Department,

Govt. of MP, Mantralaya, Bhopal, Madhya Pradesh, but petitioner has mentioned

wrong dated i.e. 21.09.2019 in the column no. 6 of the application, which was

received by the unknown person on the same day by hand and affix the seal of

backward class and minority welfare deptt., The said petition is still pending. The

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

Petitioner has filed the photocopy of letter dated 21.06.2019 for grant of No

Objection Certificate.

Petitioner is directed to file the original copy of letter dated 21.06.2019 for

grant of No Objection Certificate in which received stamp was affix by the

respondent.

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

order.

List on 27.05.2020.

DR. NAHEED ABIDI

MEMBER


Ash.



28.11.2019 St. Benedict School, Banskhedi (Dhuletia), Pipliya Hama, P.O., Ghattia Tehsil, Dt. – Ujjain, Madhya Pradesh.

Vs. Secretary/Commissioner, Backward Classes and Minority Welfare Department, Satpuda Bhawan, Govt. of MP, Bhopal, Madhya Pradesh.

Present: None.

An application for grant of minority status certificate to St. Benedict School,

Banskhedi (Dhuletia), Pipliya Hama, P.O., Ghattia Tehsil, Dt. – Ujjain, Madhya

Pradesh has been received by post on 01.10.2019 from the petitioner mentioned

above. It be registered.

It transpires from the petition that on 21.06.2019 petitioner has applied for


Secretary/The Commissioner, Backward Classes and Minority Welfare Department,

Govt. of MP, Mantralaya, Bhopal, Madhya Pradesh, but petitioner has mentioned

wrong dated i.e. 21.09.2019 in the column no. 6 of the application, which was

received by the unknown person on the same day by hand and affix the seal of

backward class and minority welfare deptt., The said petition is still pending. The

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

Petitioner has filed the photocopy of letter dated 21.06.2019 for grant of No

Objection Certificate.

Petitioner is directed to file the original copy of letter dated 21.06.2019 for

grant of No Objection Certificate in which received stamp was affix by the

respondent.

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

order.

List on 27.05.2020.

DR. NAHEED ABIDI

MEMBER


Ash.



Don Bosco Nursery and Primary School, 11th Saastri Nagar, Vyasarpadi, Chennai, Tamil Nadu.



An application for grant of minority status certificate to Don Bosco Nursery and

Primary School, 11th Saastri Nagar, Vyasarpadi, Chennai, Tamil Nadu has been


registered.








to the respondent.

In this case, office has reported that the validity in recognition/affiliation

certificate not mentioned by the petitioner.





Office is directed to tag the Case file No. 1069 of 2018 with this case.


List on 27.05.2020.



Ash.



St. Joseph’s Nursery & Primary School, Alampatti, Saidapatti Road, Thirali Village & Post, Tirumngalam Taluk, Madurai Dt., Tamil Nadu.



An application for grant of minority status certificate to St. Joseph’s Nursery &

Primary School, Alampatti, Saidapatti Road, Thirali Village & Post, Tirumngalam

Taluk, Madurai Dt., Tamil Nadu has been received by hand on 30.09.2019 from the

petitioner mentioned above. It be registered.








to the respondent.



List on 27.05.2020.



Ash.



St. Joseph’s Special School, Alampatti, Saidapatti Road, Thirali Village & Post, Tirumngalam Taluk, Madurai Dt., Tamil Nadu.



An application for grant of minority status certificate to St. Joseph’s Special

School, Alampatti, Saidapatti Road, Thirali Village & Post, Tirumngalam Taluk,

Madurai Dt., Tamil Nadu has been received by hand on 30.09.2019 from the

petitioner mentioned above. It be registered.








to the respondent.

In this case, office has reported that the validity in recognition/affiliation

certificate filed by the petitioner has not mentioned.







List on 27.05.2020.



Ash.



St. Joseph’s Convent Nursery & Primary School, Indira Nagar, Palamadai, Tirunelveli Dt., Tamil Nadu.



An application for grant of minority status certificate to St. Joseph’s Convent

Nursery & Primary School, Indira Nagar, Palamadai, Tirunelveli Dt., Tamil Nadu has

been received by hand on 30.09.2019 from the petitioner mentioned above. It be

registered.








to the respondent.

In this case, office has reported that the validity of recognition/affiliation

certificate filed by the petitioner has been expired.







List on 27.05.2020.



Ash.



28.11.2019 Santhom Public School, Chenappady P.O., Tharakanattukunnu, Kottayam Dt., Kerala.

Vs. Secretary, General Education Deptt., Government of Kerala, Thiruvananthapuram, Kerala – 695 001. Present: Ms. Sarah Shazi, Advocate for the petitioner.

An application for grant of minority status certificate to Santhom Public School,

Chenappady P.O., Tharakanattukunnu, Kottayam Dt., Kerala has been received by

hand on 30.09.2019 from the petitioner mentioned above. It be registered.

It transpires from the petition that on 19.11.2018 the petitioner has applied for


General Education Deptt., Government of Kerala, Thiruvananthapuram, Kerala – 695

001, which was received by the respondent on 22.11.2018. The said petition is still

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

petition.


to the respondent.

As per the office report, validity period is not mentioned in

affiliation/recognition certificate filed by the petitioner.


affiliation/recognition order issued by the State/Central Board.

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

updated affiliation/recognition order issued by State/Central Board. Time prayed for is

allowed.



List on 27.05.2020.



Ash.



28.11.2019 Vimal Jyothi Public School, Mlamala, Thengakal P.O., Vandiperiyar, Iddukki Dt., Kerala.

Vs. Secretary, General Education Deptt., Government of Kerala, Thiruvananthapuram, Kerala – 695 001. Present: Ms. Sarah Shazi, Advocate for the petitioner.

An application for grant of minority status certificate to Vimal Jyothi Public

School, Mlamala, Thengakal P.O., Vandiperiyar, Iddukki Dt., Kerala has been


registered.

It transpires from the petition that on 08.11.2018 the petitioner has applied for


General Education Deptt., Government of Kerala, Thiruvananthapuram, Kerala – 695

001, which was received by the respondent on 29.11.2018. The said petition is still

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

petition.


to the respondent.

As per office report, validity period is not mentioned in affiliation/recognition

certificate filed by the petitioner.


affiliation/recognition order issued by the State/Central Board.

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

updated affiliation/recognition order issued by State/Central Board. Time prayed for is

allowed.



List on 27.05.2020.



Ash.



28.11.2019

Kabir Women’s Inter College, Zakirnagar, Mango, Jamshedpur, Jharkhand. Vs.

Director, Primary Education, S.E & L. Department, Human Resourse Development

Deptt., Jharkhand Govt. Ranchi.

Present: None.

An application for grant of minority status certificate to Kabir Women’s Inter

College, Zakirnagar, Mango, Jamshedpur, Jharkhand has been received by post on

01.10.2019 from the petitioner mentioned above, which is an online application in old

format. It be registered.

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.

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

ID, recognition certificate with this petition.

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

notice to the respondent.

Issue show cause notice to the petitioner as to why this petition be not

dismissed at this stage.

List on 27.05.2020.



Ash.

government of india national commission for …ncmei.gov.in/writereaddata/links/28nov 19 daily...

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