An application for grant of minority status certificate may be made to the Commission in prescribed format, if the institution’s application for grant of MSC is pending before the State Government for more than three months from the date of filing of application or rejected by the authority prescribed by the State Government.
Where the State Government, rejects the application for the grant of NOC, the aggrieved person may appeal against such order of the competent authority, in prescribed format to the Commission, within thirty days from the date of the order communicated to the applicant
The institutions affiliated to CBSE/ICSE or any central affiliating authority, may file application first to the state government for grant of MSC.
The applicant should move an application first before the Authority established by state government for grant of minority status certificate. If the authority grants minority status certificate, there is no need to approach the Commission thereafter. In case of rejection of application or inordinate delay by the authority, application may be made to the Commission.
- In case of Society, copy of Society Registration Certificate, Memorandum of Association, Rules & Regulation/Byelaws and in case of Trust, copy of Trust Deed, with all amendments should be enclosed. In case of institutions run by individuals/single management, an affidavit to this effect should be filed.
- An affidavit signed by President/Secretary of the Society/Trust or Principal of Petitioner’s Institution as per prescribed format, on appropriate value of non-judicial stamp paper.
- copy of the affiliation/ approval of the concerned education authorities for running the educational institution.
- A statement showing that majority of the trustees/members (i.e. at least 51%) of the managing committee of the Society of the applicant institution belong to the applicant Minority Community.
- Original application complete in all respects with copy of all relevant documents as annexure alongwith two spare sets of the application.
- At the time of hearing the court may ask for any additional document to satisfy the claim of the institution.
If a minority status certificate obtained by practicing fraud or suppression of any material fact or any fundamental change of circumstances warranting cancellation under Section 12C of the Act.
Minority status conferred on a minority educational institution is permanent. There is no need for its renewal periodically.
The Commission insists that the Memorandum of Association (MOA) of the Society or Trust Deed should clearly indicate that the object of the society/trust is “to establish and administer educational institutions primarily for the benefits of the Muslim/Sikh/Christian/Bodh/Parsis/Jain (as the case may be) community and also the society at large”. While making application to the Commission, it may be ensured that the MOA/Trust Deed clearly indicate above objects.
“Minority” for the purpose of NCMEI Act, means a community notified as such by the Central Government.
As per the notification of the Government of India, there are six notified minority communities namely Muslim, Sikh, Christian, Bodh, Parsis and Jain.
As per NCMEI Act, “appropriate Government” means,—
- in relation to an educational institution recognized for conducting its programmes of studies under any Act of Parliament, the Central Government; and
- in relation to any other educational institution recognized for conducting its programmes of studies under any State Act, a State Government in whose jurisdiction such institution is established.
As per NCMEI Act, the “Competent Authority” means the authority appointed by the appropriate Government to grant no objection certificate for the establishment of any educational institution of their choice by the minorities.
“Minority Educational Institution” means a college or an educational institution established and administered by a minority or minorities.
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