NATIONAL COMMISSION FOR MINORITY CASE NO. 214 of 2017 …ncmei.gov.in/WriteReadData/LINKS/5mar2019...

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS CASE NO. 214 of 2017 05.03.2019 Roshan College of Education, Prakash Nafar, Brahmakundi Road, Dhar, MP Vs. Secretary, Backward Classes & Minority Welfare Department, Government of Madhya Pradesh, Mantralaya, Bhopal, Madhya Pradesh Present: Prasanth Kulambil, 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 Honble 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 The petition is disposed of as withdrawn.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 SR

Transcript of NATIONAL COMMISSION FOR MINORITY CASE NO. 214 of 2017 …ncmei.gov.in/WriteReadData/LINKS/5mar2019...

Page 1: NATIONAL COMMISSION FOR MINORITY CASE NO. 214 of 2017 …ncmei.gov.in/WriteReadData/LINKS/5mar2019 daily... · Toad No. 8 Baiganwadi, Govandi Mumbai- 400043 Vs. Deputy Secretary Minorities

GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 214 of 2017 05.03.2019

Roshan College of Education, Prakash Nafar, Brahmakundi Road, Dhar, MP

Vs. Secretary, Backward Classes & Minority Welfare Department,

Government of Madhya Pradesh, Mantralaya, Bhopal, Madhya

Pradesh

Present: Prasanth Kulambil, 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.

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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 81 of 2018 05.03.2019

Dr. Ausuf Shahmeeri Khurram, All India Muslim Tehwar Committee, Anfal Nizami Manzil, Near Dargah Shareef Hazrat Mehboob-E- LLahi, Nizamuddin Auliya, New Delhi.

Vs. St. Joseph’s Convent Senior Secondary School, Idgah Hills, Bhopal. Present: None None appeared on behalf of the parties on the last occasion on

06.12.2018. Today also, none appeared on behalf of the complainant

as well as respondent even in second round.

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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 733 of 2018 05.03.2019

Jai Arihant International School, Bareilly Road, Halduchaur, Haldwani, Nainital.

Vs. Secretary School Education Department, Government of Uttarakhand, Mayor Vihar, Sahastra Dhara Road, Dehradun, Uttarakhand.

Present: Mr. Akshat Jain, for the petitioner Mr. Haroon Rasheed for the respondent.

Mr. Akshat Jain 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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 734 of 2018 05.03.2019

Holy Cross Eng. Med. High School, Lakshmi Nagar Camp, Somasamudra – Post, Ballari – 583 102, Karnataka.

Vs. Principal Secretary to Govt., Education Department (Higher Education), Govt. of Karnataka , Sixth Floor, Multi Storeyed Building, Bengaluru, Karnataka-560001 Present: Mr. Owen Chowagga, for the petitioner None for the respondent.

Mr. Owen Chowagga has admitted that 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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 735 of 2018 05.03.2019

M.D.P. School, Raniyala Khurd P.O. Kot, Tehsil-Hathin Dt.-Palwal, Haryana.

Vs. Finance Commissioner & Principal Secretary, Education Department, Government of Haryana, Civil Secretariat, Chandigarh, Haryana – 160 00.

Present: Mr. Khurshid Admed, for the petitioner None for the respondent

Mr. Khurshid Admed has admitted that 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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 736 of 2018 05.03.2019

Bright Inter College Sisaikhera, Post-Ghusari, Tehsil-Sitarganj, Dt.-Uddham Singh Nagar, Uttarakhand – 262 405.

Vs. Secretary School Education Department, Government of Uttarakhand, Mayor Vihar, Sahastra Dhara Road, Dehradun, Uttarakhand.

Present: Mr. Dalveer Singh, for the petitioner Mr. Indrajeet Singh for the respondent.

Mr. Dalveer Singh has 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.

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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 737 of 2018 05.03.2019

Holy Cross Senior Secondary School, Opp.-Chouksey Engineering College, Lalkhadan, Bilaspur, Chhattisgarh.

Vs. Joint Secretary House No. 42, Floral City, DUNDA, Old Dhamtary Road, Raipur (Chhattisgarh). Present: None Despite the notice none appeared on behalf of the petitioner.

The petitioner has mentioned against Col No. 6(a) that on

06.09.2017 the petitioner has applied to the competent authority of the

State Government but copy of the said letter is not annexed with the

petition.

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

petition should not be dismissed.

List on 07.05.2019

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 784 of 2018 05.03.2019

Guru Ramdas Khalsa Institute of Science & Technology (B.E.), Kukhrikheda, Post-Barela, Jabalpur – 483 001, Madhya Pradesh.

Vs. Secretary, Backward Classes & Minority Welfare Department,

Government of Madhya Pradesh, Mantralaya, Bhopal, Madhya

Pradesh

Present: Ankur Jaitly, 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.

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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 799 of 2018 05.03.2019

MCC Public School, 78, Harrington Road, Chetpet, Chennai-31,

Tamil Nadu

Vs

Principal Secretary School Education Department, Government of

Tamil Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu – 9

Present: M.S. Narasimhan, 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.

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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 800 of 2018 05.03.2019

Anjuman-E-Taqviyatul Iman Urdu High School Plot No. 8/H/6.8.9

Toad No. 8 Baiganwadi, Govandi Mumbai- 400043

Vs.

Deputy Secretary Minorities Development Department, Room No.

715, Mantralaya (Annexe), Mumbai-32

Present: None

Despite notice, none appeared on behalf of the petitioner even

in second round. The petitioner has not complied the earlier order of

this Commission dated 28.8.2018 and has not applied in prescribed

format for grant of Minority Status Certificate.

It transpires from the record that the petitioner had not applied

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

Certificate.

The Hon’ble Supreme Court in Civil Appeal No. 3945 of 2018 in

the matter of Sisters of St. Joseph of Cluny vs. The State of West

Bengal and Ors. vide order dated 18.4.2018 has held that any person

who desires to establish a minority educational institution after the

amendment Act of 2006 came into force must apply 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 only to the

competent authority set up under the statute.

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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 802 of 2018 05.03.2019 Al- Jamiatul Fatima Nooria, Vill. & Post Kashipur (Urban) Rampur-

244927, Uttar Pradesh

Vs.

Deputy Director, Minorities Welfare Department, 6th Floor, Indira Bhavan, Lucknow, Uttar Pradesh

Present: None

The petitioner has not complied the order dated 30.8.2018 and

has not filed the application in the prescribed format. Despite notice,

none appeared on behalf of petitioner even in second round.

It transpires from the record that the petitioner had not applied

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

Certificate.

The Hon’ble Supreme Court in Civil Appeal No. 3945 of 2018 in

the matter of Sisters of St. Joseph of Cluny vs. The State of West

Bengal and Ors. vide order dated 18.4.2018 has held that any person

who desires to establish a minority educational institution after the

amendment Act of 2006 came into force must apply 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 only to the

competent authority set up under the statute.

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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 803 of 2018 05.03.2019

CMC International School, Opposite to Kovai Kondattam, 139,

Kuppanur Ayyasamy Kovil Road, Theetipalayam (Post),

Coimbatore- 641010, Tamil Nadu.

Vs

Principal Secretary School Education Department, Government of

Tamil Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu – 9

Present: Ankur Jaitly, 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.

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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 804 of 2018 05.03.2019

Bishop Remigius School, Carmel Nagar, Nagercoil- 629004, Tamil

Nadu.

Vs

Principal Secretary School Education Department, Government of

Tamil Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu – 9

Present: Rev. Fr. M. Stanley, for the petitioner None for the respondent.

Rev. Fr. M. Stanley 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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 805 of 2018 05.03.2019

Lourdes Convent Primary School (English Medium), Opp. Indoor

Stadium, Athwalines, Surat- 395007, Gujarat

Vs

Commissioner of Schools, Commissionerate of Mid Day Meals and Schools, Government of Gujarat, Sector 10, Gandhinagar, Gujarat

Present: Mr. B. Mathew, 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.

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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 806 of 2018 05.03.2019

Olive English Medium U.P. School, Kinassery, Pokkunu, P.O.

Kozhikode, Kerala- 673007

Vs.

Secretary General Education Department, Government of Kerala,

Thiruvananthapuram, Kerala

Present: None

Despite notice, none present on behalf of the petitioner as well

as respondent even in second round.

It transpires from the record that the petitioner has not applied

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

Certificate.

The Hon’ble Supreme Court in Civil Appeal No. 3945 of 2018 in

the matter of Sisters of St. Joseph of Cluny vs. The State of West

Bengal and Ors. vide order dated 18.4.2018 has held that any person

who desires to establish a minority educational institution after the

amendment Act of 2006 came into force must apply 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 only to the

competent authority set up under the statute.

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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 807 of 2018 05.03.2019

Don Bosco Nursery & Primary School, 130, Madhavaram High

Road, Perambur, Chennai, Tamil Nadu- 600011.

Vs

Principal Secretary School Education Department, Government of

Tamil Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu – 9

Present: Mr. B. Mathew, 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.

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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 808 of 2018 05.03.2019

Don Bosco Higher Secondary School, 130, Madhavaram High

Road, Perambur, Chennai, Tamil Nadu- 600011.

Vs

Principal Secretary School Education Department, Government of

Tamil Nadu, Fort St. George, Secretariat, Chennai, Tamil Nadu – 9

Present: Mr. B. Mathew, 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.

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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 809 of 2018 05.03.2019

Nalpad Academy, 10/3, Embassy Golf Links Road, Embassy Golf

Links Business Park, Domlur, Bengaluru, Karnataka- 560017.

Vs

Principal Secretary to Govt. Education Department (Higher

Education) Govt. of Karnataka Sixth Floor, Multi Storeyed

Building, Bengaluru, Karnataka-560001

Present: Prasanth Kulambil, 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.

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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 810 of 2018 05.03.2019

St. Mary’s Higher Primary School, Cantonment, Ballari- 583104,

Karnataka

Vs

Principal Secretary to Govt. Education Department (Higher

Education) Govt. of Karnataka Sixth Floor, Multi Storeyed

Building, Bengaluru, Karnataka-560001

Present: Sr. Shalini, for the petitioner None for the respondent.

Sr. Shalini has 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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 812 of 2018 05.03.2019

Gyanmata English High School, Dudhni Road, P.O. Khanwel, Dadra Nagar, Haveli- 396230

Vs

Department of Education, First Floor, PWD Campus, Amli Silvasa, Dadra and Nagar Haveli Present: None Despite notice, none appeared on behalf of the petitioner as

well as respondent even in second round.

The Petitioner has not applied for grant of No Objection

Certificate to the State Competent Authority.

State of Dadra Nagar Haveli is Union Territory and it is not

clear that at present who is the competent authority for grant of NOC in

Dadra Nagar Haveli.

So in the interest of justice issue notice to the State Authority

to apprise the Commission about the present status of State competent

authority notified by the State Government.

List on 07.05.2019

JUSTICE NARENDRA KUMAR JAIN CHAIRMAN

DR. BALTEJ SINGH MANN MEMBER

DR. NAHEED ABIDI MEMBER

DR. JASPAL SINGH MEMBER

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 859 of 2018 05.03.2019

Don Bosco Higher Secondary School, Nedungadu, Karaikal Dt.,

Pondicherry, PIN- 609603.

Vs

Secretary to Govt. (Education) Chief Secretariat No. 1, Goubert

Avenue, Beach Road, Puducherry-605001

Present: Mr. B. Mathew, 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.

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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 986 of 2018 05.03.2019

Grace Public School, Subhash Nagar, Saharanpur, Uttar Pradesh, Vs.

Deputy Director, Minorities Welfare Department, 6th Floor, Indira Bhavan, Lucknow, Uttar Pradesh Present: Mr. Bhupinder Singh, 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.

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

SR

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR MINORITY

EDUCATIONAL INSTITUTIONS

CASE NO. 987 of 2018 05.03.2019

Modern School, HS-8. Block- A, Sector Delta-1, Greater Nodia, Distt. Gautam Budh Nagar, Uttar Pradesh

Vs.

Deputy Director, Minorities Welfare Department, 6th Floor, Indira Bhavan, Lucknow, Uttar Pradesh Present: None Despite notice, none present on behalf of the petitioner even in

second round.

The petitioner has not filed the application in the prescribed

format for grant of Minority Status Certificate and has not applied to

the competent authority of the State for grant of No Objection

Certificate.

The Hon’ble Supreme Court in Civil Appeal No. 3945 of 2018 in

the matter of Sisters of St. Joseph of Cluny vs. The State of West

Bengal and Ors. vide order dated 18.4.2018 has held that any person

who desires to establish a minority educational institution after the

amendment Act of 2006 came into force must apply 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 only to the

competent authority set up under the statute.

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

SR