SUPREME COURT OF INDIA

Before:- S. Rajendra Babu and S.N. Variava

Civil Appeal No. 7579 of 1997. With C.A. No. 7580 of 1997. D/d. 10.01.2001.

Ameeruddin Academy of G.T. - Appellant

Versus

State of A.P. & Ors. - Respondents

Constitution of India, Articles 30 and 133 - Educational institution - Minority Status Certificate - Grant of - State Government or educational institution to consider the application within fortnight - Further to be examined as to whether policy decision taken in respect of establishment of Teacher Training Institutions should be applied in respect of appellant or bearing in mind need to establish such institution by a minority institution.

[Para 2]

ORDER

1. Though many questions of fact and law are raised in these two appeals it is unnecessary to set out or deal with the same as any expression of opinion one way or the other will prejudice the case of either party, We propose to dispose of the matter giving certain directions. After hearing learned counsel at length, we think the appropriate order to be made is as follows :

The State Government or any other prescribed authority shall consider the applications to be made by the appellant before us within a period of fortnight from today for :

(1) grant of minority status Certificate ; and

(ii) no objection to support the concerned educational institution in terms of the National Council for Teachers Training Act, 1993. Such an application for grant of minority Status Certificate shall be considered without insisting upon the production of a copy of the order of permission or no objection under which institution has been established or a copy of the order of recognition or affiliation accorded to the institution.

2. If Minority Status Certificate is granted as aforesaid the respondents shall also examine the question whether the policy decision taken in respect of establishment of Teacher Training institutions should be applied in respect of the appellant or bearing in mind need to establish such institution by a minority institution. Let such decision be taken within a period of eight weeks after the applications are made notwithstanding any order that may have been passed earlier by the concerned authority.

3. The appeals shall stand disposed of accordingly.

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