Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2004 National Commission for Minority Educational Institutions Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | National Commission for Minority Educational Institutions Act, 2004 (2 of 2005) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | National Commission for Minority Educational InstitutionsAct, 2004:ss.10(1) and 11(f) – Declaration of minority status toeducational institution – Appellant-Society established the Collegein question as a secular institution – Thereafter, sought minoritystatus to the College – National Commission for Minority EducationalInstitutions (NCMEI) declared the College as minority educationalinstitution and issued minority status certificate – The Society aswell as Governing Body of the College filed writ petition – HighCourt held the declaration and consequent issuance of the certificateas invalid on the ground that NCMEI had no original jurisdictionto make such declaration – On appeal, held: Section 11(f) is a wideprovision which empowers NCMEI to decide all questions relatingto the status of an institution as a minority institution and declareits status as such – After Amendment Act, 2006, Competent Authorityhas the power for establishing a minority educational institution –However, for declaration of minority status to educational institution,at any stage, post establishment, NCMEI has the power – Thus, inthe present case, s. 11(f) confers jurisdiction on NCMEI to issuecertificate regarding minority status to the institution in question –Therefore the orders by NCMEI are valid – Constitution of India –Art. 30. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2018 INSC 363 |
Petitioner | Sisters Of St. Joseph Of Cluny |
Respondent | The State Of West Bengal & Ors. |
SCR | [2018] 3 S.C.R. 1033 |
Judgement Date | 2018-04-18 |
Case Number | 3945 |
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