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Section 5: Procedure for declaration of minority status

The Karnataka Educational Institutions (Recognition of Minority Educational Institutions Terms and Conditions ) (Technical Education) Rules…State Rules of Karnataka · 1995

(1) The Technical Educational Institution seeking declaration of minority status as a Religious or Linguistic Minority Educational Institution, shall apply to the competent authority in Form-A, along with documents specified in Rule 7 indicating specifically whether they are seeking declaration of minority status either as Religious or Linguistic Minority Educational Institution, along with the attested photo copies of the relevant documents to prove that such Institution has fulfilled the conditions specified in rule 4 and 6.

(2) Non Judicial Court Fee stamp of Rs.500, shall be affixed on each application.

(3) New Technical Educational Institution which seek declaration of minority status shall pay non-refundable processing fee of Rs.10,000/-.

(Rupees Ten Thousand only). The fee shall be paid by a Demand Draft in the name of the Director of Technical Education.

(4) The Applicant Educational Institution shall also file a notarized affidavit in form-B on Non Judicial stamp paper of Rs.200.

(5) The members of the governing council and the managing committee shall produce community/linguistic certificate to which they belong issued by the Tahasildar in the prescribed form.

(6) Details of the students belonging to Minority studying in that institution along with relevant certificate.

(7) The application received by the Competent Authority shall be scrutinized by the Director of Technical Education on the day of submission of the application itself. The incomplete applications and applications not filed in the prescribed form, without the prescribed fees, or without supporting documents shall be informed to the applicant during preliminary scrutiny and acknowledgement and if applicant still pursues the application, rejection of application due to incomplete information or document shall be informed to the applicant in writing within Sixty days from the date of application through Competent Authority.

(8) In case where applications are accepted the Director of Technical Education shall constitute a three men Committee headed by an officer not below the rank of Joint Director, which will visit the concerned Institution and verify the documents and actual position, as per the check list prescribed in Form-“B” and the application along with recommendations shall be submitted to the Director of Technical Education within Twenty Days, form the date of receipt. The Directorate shall verify the proposal as per the check list processed by the three men Committee pass remarks and submit to the Government in the prescribed form within Ten days from the receipt of the report of Three men Committee.

(9) There shall be a Screening Committee at Government Level of applications recommended by the Director for verification or enquiry which shall consist of the following members, namely:- Designation 1) Deputy Secretary to Government, Department of Education (Technical Education) Chairman 2) The Under Secretary, Department of Education (Technical Education) Member Secretary 3) The Under Secretary, Minority Welfare Department Member

(10) Screening Committee shall review claims of minority status of the applicant and submit the proposal to the competent authority within 2 months from the date of receipt of application.

(11) The Screening committee in case of any matter to be enquired / verified shall entrust or authorize the concerned Joint Director to verify the actual position. The concerned Joint Director shall verify the factual position as observed by the screening committee, and shall submit the report in Form- “C’.

(12) The Competent Authority shall hear the Applicant Institution, through its authorized representatives, with prior notice of at least ten days, before deciding the application. The Applicant shall be required to furnish all information at the time of the hearing of the application, which are required to be furnished while filing the application under sub-rule (5) and (6).

(13) After hearing the Applicant, the competent authority may issue a certificate in Form-D.

(14) In case of rejection, the Competent Authority shall issue a speaking order to the applicant institution recording the reasons for rejection.

(15) The competent authority shall decide the status of the minority Institution and the decision shall be communicated to the Applicant within a period of 40 days from the date of receipt of the proposal from the screening committee.

(16) Failure to decide within 90 days from the date of accepting the proposal shall confer declaration of minority status on the applicant Institution. The issue of Acceptance or rejection of the application is subject to the screening of application by the competent authority which ultimately decides the acceptance or rejection of the application which shall be informed to the applicant in writing.

Where this provision sits

ActThe Karnataka Educational Institutions (Recognition of Minority Educational Institutions Terms and Conditions ) (Technical Education) Rules, 2014
Section5
Marginal noteProcedure for declaration of minority status
JurisdictionState of Karnataka
StatusIn force as published by the source

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