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2018 (4) TMI 1597 - SC - Indian LawsEducational Institution - minority status or not? - Jurisdiction - Governing Body - Competent Authority for National Commission for Minority Educational Institutions - minority status of an educational institution - The NCMEI passed an ex-parte order declaring the said women’s college as a minority educational institution on 23.10.2007 - validity of such order passed by NCMEI. Held that:- The National Commission for Minority Educational Institutions Act, as it originally stood in 2004, by Section 10 only concerned itself with the recognition of minority educational institutions to an affiliated college of a scheduled university of its choice. At this stage, the functions of the NCMEI were limited to only three things, namely, an advisory function under sub clause (a); looking into specific complaints relating to deprivation or violation of rights of minorities to establish and administer educational institutions of their choice and any disputes relating to affiliation to scheduled universities under sub-clause (b); and a residuary clause to do all such other acts as may be necessary to the attainment of the objects of the NCMEI under sub-clause (c). A sea change came about by the Amendment Act of 2006. By this amendment, a person who desires to establish a minority educational institution is to apply to the competent authority for a no objection certificate for the said purpose under Section 10. Concomitantly, under Section 11, the functions and powers of the NCMEI were expanded beyond the original sub-clauses (a) to (c) referred to hereinabove, to include, under sub-clause (f), decisions as to all questions relating to the status of any institution as a minority educational institution and declaration of its status as such - The same Amendment Act of 2006 also conferred powers of appeal against orders of the competent authority to the NCMEI under Section 12A as well as over authorities that were established by the Central or State Government, who rejected applications for the grant of minority status to an educational institution, under Section 12B. A power of cancellation was also vested in the NCMEI to cancel a certificate granted either by an authority or the NCMEI under certain circumstances. The NCMEI’s powers under Section 11(f) are to be exercised, notwithstanding anything contained in any other law for the time being in force. On the other hand, the competent authority who grants a no objection certificate under Section 10 can only do so subject to the provisions contained in any other law for the time being in force. The power under Section 11(f), read by itself, would clothe the NCMEI with the power to decide any question that may arise with regard to the right to establish and/or administer educational institutions by a minority. The power does not stop there. It also includes the power to declare such institution as a minority educational institution, which is established and administered as such, so that it can avail of the fundamental right guaranteed under Article 30 of the Constitution. Insofar as existing minority institutions are concerned, Section 11(f) clearly confers jurisdiction on the NCMEI to issue a certificate regarding the status of the minority educational institution. Appeal allowed - The order dated 23.10.2007 and the certificate dated 25.10.2007 are declared to be valid in law.
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