- (1.) The National Commission for Minority Educational Institutions(Commission) is in the present special appeal seeking to question the correctness of a judgment dated 29 July 2015 of the learned Single Judge which construes the provisions of the National Commission for Minority Educational Institutions Act, 2004(Act). The learned Single Judge has held that the Commission does not have original jurisdiction in regard to a determination or declaration of the status of any institution as a minority educational institution. Though the Commission has been entrusted with the power under Section 11(f) of the Act to decide all questions relating to the status of an institution as a minority educational institution and declare its status as such, the learned Single Judge has held that the Commission has only an appellate power under Sections 12A and 12B of the Act and that the power which is vested in it under Section 11(f) must be treated as a power exercisable with reference to the appellate jurisdiction. In other words, it has been held that the Commission would have no original jurisdiction while exercising its powers under Section 11(f) of the Act. This interpretation which has been placed on the provisions of the Act by the learned Single Judge has been called into question in the present special appeal by the Commission.
(2.) Section 2(g) of the Act defines the expression "Minority Educational Institution" to mean a college or an educational institution established and administered by a minority or minorities. The expression "minority" for the purposes of the Act is defined by Section 2(f) to mean a community notified as such by the Central Government. Section 3 empowers the Central Government to establish the Commission to exercise powers conferred on, and to perform the functions assigned to it, under the Act. Chapter III of the Act deals with the rights of a minority educational institution. Section 10 of the Act provides as follows: "10. Right to establish a Minority Educational Institution. - Subject to the provisions contained in any other law for the time being in force, any person, who desires to establish a Minority Educational Institution may apply to the competent authority for the grant of no objection certificate for the said purpose. (2) The Competent authority shall,- (a) on perusal of documents, affidavits or other evidence, if any; and (b) after giving an opportunity of being heard to the applicant, decide every application filed under sub-section (1) as expeditiously as possible and grant or reject the application, as the case may be: Provided that where an application is rejected, the Competent authority shall communicate the same to the applicant. (3) Where within a period of ninety days from the receipt of the application under sub-section (1) for the grant of no objection certificate,- (a) the Competent authority does not grant such certificate; or (b) where an application has been rejected and the same has not been communicated to the person who has applied for the grant of such certificate, it shall be deemed that the Competent authority has granted a no objection certificate to the applicant. (4) The applicant shall, on the grant of a no objection certificate or where the Competent authority has deemed to have granted the no objection certificate, be entitled to commence and proceed with the establishment of a Minority Educational Institution in accordance with the rules and regulations, as the case may be, laid down by or under any law for the time being in force. Explanation. -For the purpose of this section,- (a) "applicant" means any person who makes an application under sub-section (1) for establishment of a Minority Educational Institution; (b) "no objection certificate" means a certificate stating therein, that the Competent authority has no objection for the establishment of a Minority Educational Institution."
(3.) The functions and powers of the Commission have been provided in Chapter IV of the Act. Section 11 is to the following effect: "11. Functions of Commission:-Notwithstanding anything contained in any other law for the time being in force, the Commission shall- (a) advise the Central Government or any State Government on any question relating to the education of minorities that may be referred to it; (b) enquire, suo motu, or on a petition presented to it by any Minority Educational Institution, or any person on its behalf into complaints regarding deprivation or violation of rights of minorities to establish and administer educational institutions of their choice and any dispute relating to affiliation to a University and report its finding to the appropriate Government for its implementation; (c) intervene in any proceeding involving any deprivation or violation of the educational rights of the minorities before a court with the leave of such court; (d) review the safeguards provided by or under the Constitution, or any law for the time being in force, for the protection of educational rights of the minorities and recommend measures for their effective implementation; (e) specify measures to promote and preserve the minority status and character of institutions of their choice established by minorities; (f) decide all questions relating to the status of any institution as a Minority Educational Institution and declare its status as such; (g) make recommendations to the appropriate Government for the effective, implementation of programmes and schemes relating to the Minority Educational Institutions; and (h) do such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Commission.";