10. Right to establish a Minority Educational Institution.— *(1) Subject to
the provisions contained in any other law for the time being in force, any person,
who desires to establish a Minority Educational Institution may apply to the
competent authority for the grant of no objection certificate for the said purpose.”
(2) The Competent authority shall,—
(a) on perusal of documents, affidavits or other evidence, if any; and
(b) after giving an opportunity of being heard to the applicant, decide every
application filed under sub-section (1) as expeditiously as possible and
grant or reject the application, as the case may be:
Provided that where an application is rejected, the Competent authority shall
communicate the same to the applicant.
(3) Where within a period of ninety days from the receipt of the application
under sub-section (1) for the grant of no objection certificate,—
(a) the Competent authority does not grant such certificate; or
(b) where an application has been rejected and the same has not been
communicated to the person who has applied for the grant of such
certificate, it shall be deemed that the Competent authority has granted
a no objection certificate to the applicant.
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1. Chapter III subs. by Act 18 of 2006, sec. 3 (w.e.f. 23.1.2006); before substitution,
Chapter III stood as under:
“CHAPTER III
RIGHT OF A MINORITY EDUCATIONAL INSTITUTION
10. Right of a Minority Educational Institution to seek affiliation to a Scheduled University.—
(1) Notwithstanding anything contained in any other law for the time being in force, a Minority Educational
Institution may seek recognition as an affiliated college of a Scheduled University of its choice.
(2) The Scheduled University shall consult the Government of the State in which the minority educational
institution seeking affiliation under sub-section (1) is situate and views of such Government shall be taken into
consideration before granting affiliation.”
*Further substituted by Act 20 of 2010 (w.e.f. 01.09. 2010). Earlier it stood as under:-
“(1) Any person who desires to establish a Minority Educational Institution may apply to the Competent authority
for the grant of no objection certificate for the said purpose.”
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The National Commission for Minority Educational [Sec. 11
Institutions Act, 2004
(4) The applicant shall, on the grant of a no objection certificate or where the
Competent authority has deemed to have granted the no objection certificate, be
entitled to commence and proceed with the establishment of a Minority
Educational Institution in accordance with the rules and regulations, as the case
may be, laid down by or under any law for the time being in force.
Explanation.—For the purposes of this section,—
(a) “applicant” means any person who makes an application under subsection (1) for establishment of a Minority Educational Institution;
(b) “no objection certificate” means a certificate stating therein, that the
Competent authority has no objection for the establishment of a
Minority Educational Institution.
10A. Right of a Minority Educational Institution to seek affiliation.— (1) A
Minority Educational Institution may seek affiliation to any University of its
choice subject to such affiliation being permissible within the Act under which the
said University is established.
(2) Any person who is authorized in this behalf by the Minority Educational
Institution, may file an application for affiliation under sub-section (1) to a
University in the manner prescribed by the Statute, Ordinance, rules or
regulations, of the University:
Provided that such authorized person shall have right to know the status of
such application after the expiry of sixty days from the date of filing of such
application.]