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Sanjiv Gajanan Punalekar and ors. Vs. Union of India and ors.

Court : Mumbai

..... at the outset, we may refer to the provisions of the national commission for minorities act, 1992 which defines "minority" for the purpose of act as community notified as such by the central government. ..... the pre-matric scholarship for studies in a government or private school from class i to class x, is to be given to a student - i) who is from a minority community as notified under section 2(c) of the national commission for minorities act, 1992; ii) who has secured at least 50% marks in the previous final examination; and iii) whose parents/guardian are having annual income from all sources not exceeding rs.1 lakh 30% scholarships are earmarked for girl students. 6. ..... in the present case, since we have found that the impugned schemes merely provide for incentives under article 15(1) to meritorious poor students of communities specified as minorities under the national commission for minorities act, 1992, no further discussion is necessary. 44. ..... ii) the burden of proof to impugn a classification under articles 14 and 15(1) or 16(1) rests on the petitioner; iii) minorities/religious communities as specified in the national commission for minorities act, 1992 constitute separate classes. ..... (i) the target group of the programme consists of the eligible sections among the five communities notified as minority communities vide a notification dated 23.10.1993, issued under the provisions of section 2(c) of the national commission for minorities act, 1992 viz. .....

State of Rajasthan and ors. Vs. Vijay Shanti Educational Trust

Court : Rajasthan

Reported in : RLW2003(4)Raj2568

..... it was submitted that the national commission for minorities act, 1992 is an act made only to confer statutory status to the minority commission and while referring to the statement of subjects and reasons, he has submitted that the main task of the commission is to evaluate the progress of the development of the minorities, to monitor the working of the safe-guards provided in the constitution for protection of the interest of the minority and the laws enacted by the central government or the state government, besides look to the specific complaints regarding the ..... , the rajasthan minorities commission, seeking to traverse the claim of the petitioner on the basis that notification dated 23rd october, 1993 had been issued by the ministry of welfare, government of india, in exercise of the powers conferred by clause (c) of section 2 of the national commission for minorities act, 1992 (act 1992), which will be hereinafter referred to as 'the act of 1992' and that in terms of this notification, jains had not been included in the 5 minority communities. ..... so far as the second ground relating to the act of 1992 is concerned, we find that this act is an act to constitute a national commission for minorities and to provide for matters connected therewith or incidental thereto. ..... the scheme of this act shows that it is only an act for the constitution of national commission for minorities and to lay down its function etc. .....

Bal Patil and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2005SC3172; 2005(5)ALD123(SC); 2005(5)ALLMR(SC)973; 2005(3)AWC2796(SC); 2005(6)BomCR769; [2005(4)JCR60(SC)]; JT2005(7)SC185; (2006)2MLJ186(SC); (2005)6SCC690; 2005(2)LC1

..... it approached by writ petition the high court of bombay seeking issuance of a mandamus/direction to the central government to notify 'jains' as a 'minority' community under section 2(c) of the national commission for minorities act, 1992 (shortly referred to as the act).2. ..... also carry more weight with the state governments/ union territory administrations and the ministries/ departments and the other organizations of the central government.it has, therefore, been decided to give statutory status to the minorities commission by the proposed legislation.the national commission for minorities will consist of a chairperson and six members. ..... they have been dealt with in necessary detail in the recommendations of the national commission for minorities.33. ..... before parting with this case, this court cannot resist from making some observations which are considered necessary in order to remind the national and state commissions for minorities, the scope and nature of their functions under the provisions of the act and the role they have to play in constitutional perspective.21. ..... recommendation in favour of jains by the national minority commission was made before the eleven judges' bench of this court in tma pai case (supra) had clarified the concept of 'minority' for the purpose of extending constitutional protection.19. ..... it is, therefore, necessary that minority commission should act in a manner so as to prevent generating feelings of multi nationalism in various sections of people of bharat .....

Committee of Management Kanya Junior High School Bal Vidya Mandir, Eta ...

Court : Supreme Court of India

Reported in : AIR2006SC2974; JT2006(7)SC562; 2006(8)SCALE222; (2006)11SCC92

..... that the question as to whether the jains should be treated to be a minority under section 2(c) of the national commission for minorities act, 1992 came up for consideration before a three-judge bench of this court in bal patil and anr ..... received a letter from the district basic education officer, etah indicating that for a minority institution there is no requirement of prior approval for imposing penalty on assistant teachers from the district basic education officer. ..... high court in special appeal 1207/2001, after hearing the parties, observed as under:the institution has been accorded the status of a minority institution thus no prior approval of the district basic education officer for terminating the services of a teacher in a minority institution is required to be taken in view of the proviso to rule 15 of the 1978 rules.the appeal filed by respondent ..... of recommendations dated 27.7.1976, district basic education officer girls junior high school, bal vidya mandir, etah is declared a minority institution under regulation 11 for the recognized basic school (recruitment and conditions of service of teacher's and other conditions) rule, 1975, notified on 20.5.1975 because this institution is being established and managed by minority category mentioned under article 30(1) of the constitution.sd/-(ram prakash singh)district inspector of school, etahno. b.e.p. ..... act, 1972 and the rules made thereunder specifically provided for making an application for according the status of minority .....

Misbah Alam Shaikh Vs. State of Maharashtra and Another

Court : Supreme Court of India

Reported in : AIR1997SC1409; JT1997(2)SC574; 1997(2)SCALE169; (1997)4SCC528; 1997(1)LC656(SC)

..... national commission for minorities act, 1992, for short the act, provides that the central government shall constitute a body to be known as 'the national commission' for minorities to exercise the powers conferred on, and to perform the functions assigned to it under the act ..... had issued notice as to why the national commission should not take up the issue of protecting the interest of the minorities in the state of maharashtra as under:to show cause why the national commission for minorities should not undertake the responsibility under the statute for the protection and safeguarding the interest of the minorities in the state of maharashtra.3. ..... hand, by operation of section 3 read with section 9, it is the duty of the central government to constitute a national commission and it shall be the duty and the responsibility of the national commission to ensure compliance of the principles and programmes evaluated in section 9 of the act protecting the interest of the minorities for their development and working of the safeguards provided to them in the constitution and the laws enacted by the parliament as ..... now an admitted position that, as stated in the counter affidavit by the central government that they have undertaken to establish the branch of national commission in maharashtra at mumbai to monitor the development of the minorities and the working of the safeguards as provided in the constitution and in the laws enacted by the parliament and the state legislature in relation .....

R. Krishnaiah Vs. Union of India, Represented

Court : Andhra Pradesh

..... government of india in the ministry of human resource development hereby clarifies that reservations in admission to the educational institutions as elucidated in its earlier resolution would continue to apply subject to a sub-quota of 4.5 per cent (four point five) for minorities, as defined in clause (c) of section 2 of the national commission for minorities act, 1992 out of the 27 per cent reservation for other backward classes, in accordance with the office memorandum as modified by those ministries referred to in the third paragraph from time to time, as applicable ..... paragraph of the first om and the resolution: from the first om: "the central government has decided to carve out, with effect from the 1st january, 2012 a sub-quota of 4.5 per cent (four point five) for socially and educationally backward classes of citizens belonging to minorities, as defined in clause (c) of section 2 of the national commission for minorities act, 1992 from within the 27 per cent reservation for other backward classes as notified by the government in accordance with o.m.no.36012/22/93-estt. ..... the government have carefully considered the above recommendation and it has been decided to carve out a sub-quota of 4.5% for minorities, as defined under section 2(c) of the national commission for minorities act, 1992, from within the 27% reservation for obcs as notified by the aforesaid o.m. .....

Vijay Harishchandra Patel Vs. Union of India (Uoi) and anr.

Court : Gujarat

Reported in : (2009)3GLR2153

..... further, programme also stipulates the target group of this programme would be eligible sections among the minorities notified under section 2(c) of the national commission for minorities act, 1992 viz. ..... petitioner has come up with this public interest litigation challenging the steps taken by union of india and the planning commission to utilise the national resources in favour of a particular minority community which according to the petitioner is discriminatory, arbitrary and violative of various constitutional provisions.2. ..... declaration on the rights of persons belonging to national or ethnic, religious and linguistic minorities promulgated by the united nations in the year 1992 states that the state shall protect the existence of the national or ethnic, religious and linguistic minorities within their respective territories and encourage conditions for the promotion of their identity. ..... prepared by the national and state backward classes commissions and adopted by the central and state governments for reservations for various purposes? ..... petitioner further submitted that impugned 15-point programme encourages concept of minorities on the basis of religion, for getting special protection, privileges and treatment and is a serious jolt to the secular fabric of our nation. .....

Consumer Education and Research Society Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Reported in : JT2009(11)SC426; (2010)8MLJ1420(SC); 2009(11)SCALE708; (2009)9SCC648; 2009(9)LC4214(SC):2009AIRSCW5938:2009(5)LHSC3292

..... in parliament or of a parliamentary secretary;(ba) the office of chairperson of -(i) the national commission for minorities constituted under section 3 of the national commission for minorities act, 1992 (19 of 1992);(ii) the national commission for the scheduled castes and scheduled tribes constituted under clause (i) of article 338 of the constitution;(iii) the national commission for women constituted under section 3 of the national commission for women act, 1990 (20) of 1990;(c) the office of member of any force raised or maintained under the national cadet corps act, 1948 (56 of 1948), or the reserve and auxiliary air forces act, 1952 (62 of 1952);(d) the office of a member of a home ..... guard constituted under any law for the time being .....

Vijay Shanti Edu. Trust Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : 2001(4)WLC345; 2001(1)WLN191

..... imparting education in dentistry after obtaining clearance from the appropriate authority under the dentist act as well as the state and that it has also been granted provisional affiliation by university of rajasthan and the fact that the respondents have admitted that but for recognition of the 'jains' as a religious minority community by a notification issued under section 2(c) of the national commission for minorities act, 1992, the claim of the petitioner is justified, the petitioner is entitled to rights flowing to it from article 30(1) as an educational ..... , unless any community is declared as a minority community by the central government by notification under section 2(c) of the national commission for minority act, 1992, it cannot lay claim to the minority status for the purpose of article30 also. ..... . it may be noticed that the national commission for minorities has been constituted for the first time in 1978 even before the act of 1992 assigning it the various functions which in the opinion of the central government constituting it to ..... . preamble of the act reads 'an act to constitute a national commission for minorities and to provide for matters connected therewith or ..... . the national commission of minority act, 1992 nowhere defines the term 'minority' for the purpose of determining the right flowing from article 30 of the constitution but it has defined the expression 'minority' for the purposes of this act means a community notified as such by the .....

Ajaib Singh Vs. UOI and Another

Court : Delhi

..... as per section 6 of the national commission for minorities act, 1992 salary of the chairman and the members of the national commission have to be paid out of the grants from the ..... counter affidavit, it is asserted that the 1995 rules were framed under sub section (5) of section 4 of national commission for minorities act, 1992. ..... the petitioner ajaib singh was nominated as member of the national commission for minorities vide notification dated 24th august, 2012 for a fixed tenure of three years from the date of ..... is whether such a proviso becomes unconstitutional merely because the service rendered by the petitioner as a member of national commission for minorities is unrelated to the services rendered by him as a professor in the punjab university. 13. in v.s. ..... not in dispute that rule 3 of the rules 1995 along with the proviso was in existence when the post of member of national commission for minority was notified to which the petitioner applied and was selected. ..... after his retirement, he was nominated as member of the national commission for minorities by notification dated 24th august, 2012 for a fixed tenure of three years from the date of ..... the petitioner has questioned the validity of proviso to rule 3 of national commission for minorities (salaries and allowance and conditions of service of chairperson and members) rules 1995 (hereinafter referred to as the rule, 1995 or the1995 rules ) as unconstitutional on the ground that the said proviso isviolative of fundamental and .....