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Guidelines NOC 1

The document outlines the guidelines for issuing No Objection Certificates for Minority Educational Institutions in Kerala, as mandated by the National Commission for Minority Educational Institutions Act. It specifies the rights of linguistic and religious minorities to establish educational institutions and details the application process, including required documents. The Director of the Directorate of Minority Welfare is appointed as the Competent Authority to oversee these applications, which must be submitted in a prescribed format and complete to be considered.

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51 views2 pages

Guidelines NOC 1

The document outlines the guidelines for issuing No Objection Certificates for Minority Educational Institutions in Kerala, as mandated by the National Commission for Minority Educational Institutions Act. It specifies the rights of linguistic and religious minorities to establish educational institutions and details the application process, including required documents. The Director of the Directorate of Minority Welfare is appointed as the Competent Authority to oversee these applications, which must be submitted in a prescribed format and complete to be considered.

Uploaded by

In the name of lord merciful and beneficient
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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COMPETENT AUTHORITY

Government of Kerala
Directorate of Minority Welfare
4th Floor, Vikas Bhavan,
Thiruvananthapuram-695033

Guidelines for issuing No Objection Certificate and related matters in respect of


Minority Educational Institutions

Introduction
Article 30(1) of the Constitution of India gives linguistic and religious
minorities a fundamental right to establish and administer educational institutions of
their choice. These rights are protected by a prohibition against their violation. The
prohibition is contained in Article 13 of the Constitution which declares that any law, in
breach of the fundamental rights would be void to the extent of such violation. It is
well-settled that Article 30(1) cannot be read in a narrow and pedantic sense and being
a fundamental right, it should be given its widest amplitude. The width of Article 30(1)
cannot be cut down by introducing in it considerations which are destructive to the
substance of the right enshrined therein.

As per the National Commission for Minority Educational Institutions Act, any
person who desires to establish a Minority Educational Institution must apply to the
State Competent Authority for grant of No Objection Certificate under Section 10 of
the Act. In case the State Competent Authority does not take any action on the
application for grant of No Objection Certificate within 90 days it is deemed that the
State Competent Authority has granted No Objection Certificate to the applicant
Institution.

The State Government is mandated to appoint Competent Authority under


section 10 of National Commission for Minority Education Institutions Act, 2004.
Hence as per the G.O.(P)No.2/2020/GAD dated 09.01.2020, Government have
appointed the Director, Directorate of Minority Welfare as the Competent Authority
under the above section to decide on the application regarding No Objection Certificate
for the establishment of educational institutions by the minorities.

Documents needed for No Objection Certificate

(i) Application for No Objection Certificate can be submitted to the Competent


Authority, Directorate of Minority Directorate, 4th Floor, Vikas Bhavan,
Thiruvananthapuram-3 in the prescribed format. (Annexure-1)

(ii) Documents required along with the application.


• Trust/ Society are required to attach:
o Copy of registration certificate
o Copy of MOA / Trust Deed
o Copy of amended MOAs / Trust Deeds (if any)
o Copy of any applications or services rendered by SCA/SA/NCMEI for
Minority Status Certificate
:2 :

• Institution established and administered by an individual from minority


community, the following documents are to be attached:
o Permission letter from the concerned government
o Identity proof
o Residence proof
o ITR for last three years (if applicable)
o Documentary evidence (title or possession) of the institution

• NITI Aayog Unique ID in case of registered Society/Trust


• List of founding members/trustees and present members/trustees
• Copy of Affiliation/Recognition letter issued by affiliating
Board/University/UGC /Madrasa Board. In case of professional institutions,
recognition certificate by the regulatory body (Copy of Affiliation/ Recognition
letter should clearly indicate the Validity period of Affiliation/ Recognition).

The applicant must submit two sets of the application along with relevant
documents mentioned above. Incomplete applications will not be
entertained.

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