INDUS TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 06.06.2016, passed by the National Commission for Minority Educational Institutions, whereby the learned Commission has rejected the petition filed by the petitioner for grant of Minority Status Certificate interalia on the ground that the petitioner, which has sought Minority Status as linguistic minorities, is outside the purview of the National Commission for Minority Educational Institutions Act, 2004 (for short "the Act"). Therefore, the Commission does not have jurisdiction to entertain such a petition.

(2.) Briefly the facts of the case are that, the petitioner is a Trust under the name and style of "Indus Trust", which was initially registered on 13.06.2001, and subsequently by amended Trust Deed dated 25.08.2011. The petitioner Trust claims that the Trustees belong to various communities which include Marwaris, Marathas and Andhrites, who speak different languages, such as Hindi, Marathi and Telugu. Thus, the Trust represents linguistic minorities in the State of Karnataka. In order to safeguard the interest of the linguistic minorities, the Trust had established and is running a school under the name of "Indus International School". The said school had acquired requisite permission from the Education Department of the State. On 24.01.2003, the State Government had also issued a 'No Objection Certificate' to the petitioner's educational institution for its affiliation to the Council of Indian School Certificate Examination. Moreover, their school is also affiliated to the International Baccalaureate Organization, Geneva. Presently, there are 1284 students studying in the petitioner's educational institution.

(3.) In order to seek the status of a Minority Educational Institution, on 06.05.2016, the petitioner submitted an application before the National Commission for Minority Educational Institutions, respondent No.2. However, by order dated 06.06.2016, the said application has been dismissed by the learned Commission. Hence, this petition before this court.