HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8289 of 2025 and WRIT - C No. - 3966 of 2025 and WRIT - C No. - 5780 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. The instructions produced by learned Standing Counsel are taken on record. Versus Counsel for Petitioner(s) : Ajay Pratap Singh Counsel for Respondent(s) : C.S.C., Ravi Singh Versus Counsel for Petitioner(s) : Ajay Pratap Singh Counsel for Respondent(s) : C.S.C., D.K. Singh Chauhan, Ravi Singh Versus Counsel for Petitioner(s) : Ajay Pratap Singh Counsel for Respondent(s) : C.S.C., D.K. Singh Chauhan, Ravi Singh Digambar Jain College Of Edu. Thru. Authorised Signatory Sanjeev Kumar .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Prin. Secy. Deptt. Of Technical Edu. Lko. And 2 Othrs .....Respondent(s) Ibne Seena Pharmacy College, Hardoi Thru. Manager Mujeeb Beg .....Petitioner(s) State Of U.P. Thru. Addl. Chief / Prin. Secy., Deptt. Of Technical Education, Lko. And Others .....Respondent(s) Acn Institute For Higher Education,Aligarh Thru. Authorized Signatory Sanjeev Kumar .....Petitioner(s) State Of U.P. Thru. Addl. Chief/Prin. Secy. Deptt. Of Technical Education, Lko. And 3 Others .....Respondent(s) 2. Heard learned counsel for the petitioner and learned Standing Counsel. 3. The present writ petitions have been filed by the petitioners claiming that they have been granted the minority status by the National Commission for Minority Educational Institutions Act, 2004 and being desirous of setting up an educational institution in terms of the status granted to them applied for grant of NOC with the State Government. 4. In Writ-C No.3966 of 2025 and Writ-C No.5780 of 2025, allegations were levelled that the institutions, which are similarly placed, were granted the status by accepting their status in the minority educational institutions and based upon the said, the petitions were filed. 5. In short, the claims of the petitioners is that they should be treated fairly at par with the other minority educational institutions and they should be granted the requisite certificate as has been prayed. 6. Learned Standing Counsel, based upon the instructions, states that the State Government has issued a Government Order on 30.04.2025, wherein specific provisions were prescribed in cases of the institutions, which have been granted the minority status by the NCMEI to move an application for being treated as the minority institution and detailed prescriptions were contained in the Government Order dated 30.04.2025 for being treated as a minority institution by the State in terms of the Government Order dated 30.04.2025. It is incumbent upon the institution to apply on the U-RISE portal and the application can be considered. However, it is stated that the last date for making an application has come to an end on 30th May, 2025. 7. Considering the fact that the present petitioners claimed that they have been granted the minority status by the NCMEI and in the light of the judgement of the Hon'ble Supreme Court in the case of Sisters of St. Joseph of Cluny Vs. State of West Bengal 2018 AIR SC 2183, the Supreme Court has laid down that it is the NCMEI, who is empowered to grant the minority status to the institutions, who wants to set up the minority educational institution in terms of the NCMEI Act, 2004. 8. The necessary observations of the Hon'ble Supreme Court are quoted WRIC No. 8289 of 2025 2 herein-below: "17. However, Section 10(1), which was introduced at the same time as Section 11(f) by the Amendment Act of 2006, carves out one facet of the aforesaid power contained in Section 11(f), namely the grant of a no objection certificate to a minority educational institution at its inception. Thus, any person who desires to establish a minority educational institution after the Amendment Act of 2006 came into force, must apply only to the competent authority for the grant of a no objection certificate for the said purpose. It is a little difficult to subscribe to Shri Hegde's argument that the said powers are concurrent. Harmoniously read, all applications for the establishment of a minority educational institution after the Amendment Act of 2006 must go only to the competent authority set up under the statute. On the other hand, for the declaration of its status as a minority educational institution at any stage post establishment, the NCMEI would have the power to decide the question and declare such institution's minority status. 20. In Corporate Educational Agency v. James Mathew, (2017) 15 SCC 595 (at 600-601), a Division Bench of this Court dealt with a judgment of the High Court, which in turn dealt with the appointment of teachers in minority educational institutions. This Court, after noticing that the appellant was already an existing minority educational institution, went on to hold: "9. Chapter III deals with rights of minority educational institutions. Under Section 10, whosoever desires to establish a minority educational institution, has to apply to the competent authority for a "no-objection certificate". The "competent authority" is defined under Section 2(ca) of the Act to mean, 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. WRIC No. 8289 of 2025 3 xxx xxx xxx 11. Therefore, after the introduction of the National Commission for Minority Educational Institutions Act, 2004, it is also within the jurisdiction and mandate of the National Commission to issue the certificate regarding the status of a minority educational institution. Once the Commission thus issues a certificate, it is a declaration of an existing status." 21. This judgment unequivocally holds that, insofar as existing minority institutions are concerned, Section 11(f) clearly confers jurisdiction on the NCMEI to issue a certificate regarding the status of the minority educational institution. We respectfully concur with the aforesaid view." 9. In view of the law as clarified by the Hon'ble Supreme Court in the case of Sisters of St. Joseph (supra), a Government Order issued by the State Government on 30.04.2025, which prescribes for the manner in which the institutions are to be treated by the State Government. 10. The present writ petitions are disposed of permitting the petitioners to move appropriate application in terms of the Government Order dated 30.04.2025 by uploading the necessary documents on U-RISE portal within a period of one week.. In case the applications are filed within a period of one week, the same shall be disposed of in terms of the provisions contained in the Government Order dated 30.04.2025. 11. As the last date has expired, Uttar Pradesh Board of Technical Education will ensure that the Portal is opened for the petitioners for a period of one week and the requisite directions as given are followed within the timeline as prescribed. 12. Learned Standing Counsel shall ensure respondent No.2 with regard to the directions issued by this Court. September 3, 2025 Ashutosh WRIC No. 8289 of 2025 4 (Pankaj Bhatia,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench