BARA INTERCOLLEGE Vs. DEPUTY DIRECTOR

JUDGEMENT

(1.) The petitioner has filed the present petition impugning an order dated 28.11.2018 (hereafter "the impugned order") passed by the National Commission for Minority Educational Institutions (hereafter "the Commission"), whereby the petitioner's application for minority status was rejected.

(2.) The petitioner claims that the Commission had erred in not appreciating that the petitioner institution was established by one Mrs Nabihan Bibi wife of Late Raja Khan. She was a Muslim widow and had donated land for establishment of a Junior High School. It is submitted that one Mr Tazmal Khan was appointed as a caretaker to manage and administer the school. He had, thereafter, formed an association under the name and style of "National Association, Bara", which was registered under the Societies Registration Act, 1860. The said association was formed on 27.08.1951 for administration and management of the Junior High School.

(3.) In this view, it is contended that the Commission had erred in observing that the petitioner institution was not established by a Muslim.