1. The petitioner is aggrieved by the order dated 06.06.2016, passed by the National Commission for Minority Educational Institutions, whereby the learned Commission has rejected the petition filed by the petitioner for grant of Minority Status Certificate inter-alia on the ground that the petitioner, which has sought Minority Status as linguistic minorities, is outside the purview of the National Commission for Minority Educational Institutions Act, 2004 (for short “the Act”). Therefore, the Commission does not have jurisdiction to entertain such a petition.

2. Briefly the facts of the case are that, the petitioner is a Trust under the name and style of “Indus Trust” which was initially registered on 13.06.2001, and subsequently by amended Trust Deed dated 25.08.2011. The petitioner Trust claims that the Trustees belong to various communities which include Marwaris, Marathas and Andhrites, who speak different languages, such as Hindi, Marathi and Telugu. Thus, the Trust represents linguistic minorities in the State of Karnataka. In order to safeguard the interest of the linguistic minorities, the Trust had established and is running a school under the name of “Indus International School”. The said school had acquired requisite permission from the Education Department of the State. On 24.01.2003, the State Government had also issued a ‘No Objection Certificate’ to the petitioner’s educational institution for its affiliation to the Council of Indian School Certificate Examination. Moreover, their school is also affiliated to the International Baccalaureate Organization, Geneva. Presently, there are 1284 students studying in the petitioner’s educational institution.

3. In order to seek the status of a Minority Educational Institution, on 06.05.2016, the petitioner submitted an application before the National Commission for Minority Educational Institutions, respondent No. 2. However, by order dated 06.06.2016, the said application has been dismissed by the learned Commission. Hence, this petition before this court.

4. Mr. S. Basavaraju, the learned counsel for petitioner, has vehemently contended that the learned Commission is unjustified in concluding that the linguistic minority is not covered by the Act. Secondly, relying on the case of T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481, the learned counsel has pleaded that, any community which is less than 50% of the State population, whether the community is a religious community, or a linguistic one, would be deemed to be minority. Therefore, those who are speaking Hindi, Telugu and Marathi are linguistic minorities in the State of Karnataka. Hence, the institution run by the petitioner is entitled to be declared as Minority Education Institution under the Act. However, the learned Commission has lost sight of this fact, and has erred in concluding that linguistic minority is not covered under the Act.

5. Heard the learned counsel and perused the impugned order.

6. Undoubtedly, the Act was enacted after the judgment of the Hon’ble Supreme Court in the case of T.M.A. Pai Foundation and Others (supra). The Act was brought as minority communities wanted such a Commission to be established so that direct affiliation for the minority professional institution would be provided with the Central Universities. Moreover, recommendations had been made for establishing such a Commission. Considering the interest and the rights, and the views of the minority communities, the Parliament has enacted the said Act in 2004.

7. The salient features of the Act are not only that it shall establish National Commission for the Minority Educational Institutions, but it has also given a right to a Minority Educational Institution to seek recognition as affiliated college to a Scheduled University; it would allow a forum for dispute resolution in the form of a Statutory Commission regarding matter of affiliated minority educational institution, and scheduled University; its decision wou