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REPORTABLE
VERSUS
VERSUS
Digitally signed by
VERSUS
MAHABIR SINGH
Date: 2018.04.18
16:03:07 IST
Reason:
MILLI AL-AMEEN COLLEGE & ORS. ...RESPONDENTS
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VERSUS
VERSUS
VERSUS
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JUDGMENT
R.F. Nariman, J.
1. Leave granted.
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2003-2004.
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5.11.2009.
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set aside.
even under the impugned judgment, it was clear that there was
the coming into force of the 2004 Act, could only go under
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out, however, that the 2004 Act was amended in 2006 and then
the orders passed by the NCMEI have looked in detail into the
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NCMEI to decide.
parties.
12. The 2004 Act was set up with the initial idea of providing
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Act as follows:
“Section 11 (as enacted in 2004)
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) look into specific complaints regarding
deprivation or violation of rights of minorities to
establish and administer educational institutions of
their choice and any dispute relating affiliation to a
Scheduled University and report its findings to the
Central Government for its implementation; and
(c) to 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.
Section 12, 12A, 12B, 12C, 12F and Section 22 are as follows:
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“subject to the provisions contained in any other law for the time
import, clothe the NCMEI with the power to decide any question
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Section 11(f), read by itself, would clothe the NCMEI with the
power to decide any question that may arise with regard to the
minority. The power does not stop there. It also includes the
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authority set up under the statute. On the other hand, for the
minority status.
and Punjab High Courts have taken the view that an appellate
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the other hand, the Allahabad High Court has taken the view
19. This Court has touched upon the subject without directly
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dealt with a judgment of the High Court, which in turn dealt with
be valid in law.
…………………………..J.
(Adarsh Kumar Goel)
…………………………..J.
(R.F. Nariman)
New Delhi;
April 18, 2018.
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