The petitioner sought a minor status certificate via writ petition, arguing a recognition letter is not a prerequisite. The Delhi High Court dismissed it because the petitioner's institution was not recognized, declining to examine the constitutional question.
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MS EDUCATIONAL AND WELFARE TRUST .....Petitioner
Through: Mr. Jose Abrahim, Mr. Pranjal Kishore and Mr. Madiya Mushtaq, Advocates.
versus
UNION OF INDIA & ORS. .....Respondents Through: Mr. Farman Ali, Ms. Usha Jamnal and Mr. Krishan Kumar, Advocates for UOI. Mr. Santosh Kumar Tripathi, Standing Counsel with Mr. Kartik Sharma, Advocate for GNCTD.
CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 13.11.2024
1 (2014) 8 SCC 1
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/11/2024 at 12:24:48
“27.08.2020.
M S Creative School, C-4/88 A, Yamuna Vihar, (East), Delhi - 110053.
Vs.
Assistant Director of Education (ACT), Directorate of Education, Government of NCT of Delhi, Room No. 214-A, Old Secretariat, Delhi - 110054.
Present: Mr. B. Mathews, Advocate for the petitioner.
An application has been received by hand on 02.03.2020 for grant of minority status certificate to M S Creative School, C-4/88 A, Yamuna Vihar, (East), Delhi - 110053. It be registered.
It transpires from the petition that on 17.10.2019, the petitioner has applied for grant of No Objection Certificate to the State Competent Authority i.e. Assistant Director of Education (ACT), Directorate of Education, Government of NCT of Delhi, Room No. 214-A, Old Secretariat, Delhi – 110054, which was received by the respondent on 18.10.2019. The said petition is still pending. The petitioner has waited sufficiently for a period of 90 days before filing this petition.
The petitioner has also filed the proof of delivery of the application by registered AD, to the respondent.
In this case, office has reported that recognition and society registration certificate is not filed with the petition and the application for NOC is posted from Supreme Court post office.
After perusal, office report regarding NOC application posted from Supreme Court post office, is ignored.
Learned Counsel for the petitioner has prayed for some time to file the updated affiliation certificate issued by the Central /State Examination Board. Time prayed for is allowed.
In the interest of justice, list on 04.11.2020.”
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/11/2024 at 12:24:48
updated certificate issued by Central/ State Examination Board. On this aspect, counsel for the Petitioner is unable to show any such certificate. Moreover, Mr. Santosh Kumar Tripathi, Standing Counsel, who represents GNCTD also states that none of the documentation filed by the Petitioner suggest that the institutions run by the Petitioner trust is a recognised school. 4. In the absence of the Petitioner trust’s institutions being a recognised school, in the opinion of the Court, the question urged by the Petitioner which perhaps has also been addressed to some extent to the counter affidavit filed by the Respondent No.1 and 2, need not be examined by this Court.
SANJEEV NARULA, J
NOVEMBER 13, 2024 nk
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/11/2024 at 12:24:48
Colour shows how this judgement treated each authority
Pramati Educational & Cultural Trust v. Union of IndiaReferred¶1
(2014) 8 SCC 1 · Who else cites this
1 provisions across 1 enactments
MS EDUCATIONAL AND WELFARE TRUST
UNION OF INDIA
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
SANJEEV NARULA
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
