JUDGMENT : 1. These Writ Petitions are filed by schools, which have been declared as Minority Educational Institutions under S.2(g) of the National Commission for Minority 510 Educational Institutions Act, 2004 (hereinafter referred to as ‘the Act’.). They seek directions to the 1st respondent. Central Board of Secondary Education (C.B.S.E.) to grant provisional affiliation to the schools on the strength of the deemed No Objection Certificate issued by the Commission under Ss.10(3) and (4) of the Act. 2. The learned counsel appearing for the petitioners contends that the order of the C.B.S.E. rejecting the affiliation on the ground that the No Objection Certificate issued by the National Commission for Minority Educational Institutions is not acceptable as per the norms, is illegal and unsustainable. It is contended that S.22 of the Act overrides any provision of the norms formulated by the C.B.S.E. and provisional affiliation is liable to be granted in the light of the deemed NOC. 3. Heard Sri.T.P.M.Ibrahim Khan, learned Senior Counsel appearing for the petitioners, Sri.T.T.Mohammed, learned counsel for the petitioners in W.P.(C).No. 19572 of 2017, Sri.S.Nirmal, learned Standing Counsel for the CBSE and the learned Government Pleader. 4. The petitioners’ claim is that their applications for affiliation should have been considered by the CBSE on the strength of the deemed NOC granted by the National Commission for Minority Educational Institutions. They also rely on the decision of the Apex Court in Pramati Educational & Cultural Trust and others v. Union of India ( (2014) 8 SCC 1 ) to contend that the provisions of the RTE Act and the rules made thereunder would have no application to a Minority Educational Institution recognised as such by the National Commission for Minority Educational Institutions. It is contended that power having been conferred on the Commission for grant of deemed NOC, the rejection of the request for affiliation by the University was completely unjustified. 5. A statement has been filed by the CBSE contending as follows:- “As per Rule 3(3)(i) of the Affiliation Bye-Laws of CBSE amended vide circular dated 8.7.2013, one of the conditions for applying to CBSE for affiliation is that the school must have prior recognition/NOC from the concerned Department of the State Government. The amended Rule 3(3)(i) of the Affiliation Bye-Laws of CBSE is reproduced below:- 3(3). The amended Rule 3(3)(i) of the Affiliation Bye-Laws of CBSE is reproduced below:- 3(3). Any educational institution in India or outside India which fulfills the following essential conditions (without which the case cannot be processed) can apply to the Board of affiliation. (i) The school seeking provisional affiliation with the Board must have formal prior recognition of the Stats/Union Territory. Its application either should be forwarded by the State Government or there should be a No Objection Certificate to the affiliation of the School with the C.B.S.E. ‘No Objection Certificate’ once issued to any school will be considered at par even if it prescribes a specific period or stage unless it is withdrawn..’ As per Rule 3(3)(i) of the Affiliation Bye Laws amended vide circular No.10 dated 8.7.2013 “The school seeking provisional affiliation with the Board must have formal prior recognition of the State/UT Govt. and also has to produce evidence to the effect that the 511 applicant school has intimated to-the concerned Education Department of the State about the application made to CBSE for seeking affiliation with the Board. In case the Board receives any objection during the process of the application of the school, the Board may ask the concerned school to produce the No Objection Certificate from the State Government or otherwise it would be assumed that concerned State/Government has No Objection.” Therefore it is reiterated that the school has not submitted recognition letter along with intimation from the concerned education department of the State. Hence the application of the school for affiliation was rejected by the CBSE due to non-submission of essential document of Recognition letter as per Affiliation Bye Laws.” 6. It is contended, that a reading of the provisions of the Act would show that the Act is applicable only for the purpose of establishment of educational institutions which require affiliation to universities and that the question of affiliation of schools with the CBSE is completely omitted from the scope of the Act. 7. I have considered the contentions advanced. The provisions of the Act are relevant for a consideration of the contentions raised in these Writ Petitions. 8. 7. I have considered the contentions advanced. The provisions of the Act are relevant for a consideration of the contentions raised in these Writ Petitions. 8. The definition of affiliation under S.2(a) of the Act reads as follows:- “2(a) “affiliation” together with its grammatical variations, includes in relation to a college, recognition of such college by, association or such college with, and admission of such college to the privileges of, a University.” 9. Earlier, by clause (b) of S.2, a College was defined as a teaching institution (other than a University) established or maintained by a person or group of persons from amongst a minority community. This definition clause has been omitted by Act 20 of 2010 w.e.f. 1.9.2010. Now, Minority Educational Institution is defined as follows:- “2(g) Minority Educational Institution means a college or an educational institution established and administered by a minority or minorities.” 10. Section 10 provides that 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 grant of no objection certificate for the said purpose. The Competent authority can consider the application and either grant or reject the application. Where the Competent authority does not, within a period of 90 days from the receipt of the application, grant the certificate or reject the same and communicate to the applicant the fact of such rejection, a deemed no objection certificate will come into operation. It is to be noticed immediately that the deemed no objection certificate under S.10(3) and (4) is only with regard to no objection for the establishment of a Minority Education institution, if such No Objection is required. This is clear from Explanation (b) to sub-section (4) which says that “no objection certificate” means a certificate stating therein that the Competent authority has no objection for the ‘establishment’ of a Minority Educational Institution. 11. Section 10A of the Act provides for a right of Minority Educational Institution to seek affiliation which reads as follows;- Section 10A: Right of 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. Section 10A of the Act provides for a right of Minority Educational Institution to seek affiliation which reads as follows;- Section 10A: Right of 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 authorised 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 authorised person shall have right to know the status of such application after the expiry of sixty days from threats of filing of such application.” 12. It is clear from a reading of the provisions of the Act that the No Objection Certificate contemplated under S.10 is only with regard to the no objection, if required, for the establishment of a Minority Educational Institution. Clause 10A relates to affiliation of a Minority Educational Institution with a University, On a comprehensive reading of the provisions, it is clear that the issue of deemed no objection certificate, which is a requirement for the affiliation of a school under the CBSE, is not contemplated under the provisions of Sections 10(3) and 10(4) of the Act. A reading of the provisions of the Act would show that the Act is applicable only for the purpose of establishment of educational institutions which require affiliation of Universities and that the question of affiliation of schools with the C.B.S.E. is completely omitted from the scope of the Act. 13. In the above view of the matter, though it is contended by the learned standing counsel for the C.B.S.E. that the declaration in the Pramati Educational & Cultural Trust’s case (supra) by the Apex Court to the effect that the RTE Act does not apply to Minority Educational Institutions is confined to the provisions relating to admission of under privileged students to such schools, the said question does not arise for consideration in this Writ Petition and therefore the same does not require to be answered here. I am of the opinion that the prayer made in these Writ Petitions to the effect that the C.B.S.E. was duty bound to grant the affiliation on the strength of the deemed no objection Certificates is not sustainable. I am of the opinion that the prayer made in these Writ Petitions to the effect that the C.B.S.E. was duty bound to grant the affiliation on the strength of the deemed no objection Certificates is not sustainable. These Writ Petitions therefore fail and are accordingly dismissed.