Your minority institution’s application was rejected. Which appeal to National Commission for Minority Educational Institutions (NCMEI) applies to you?

There are two separate refusals under the National Commission for Minority Educational Institutions Act, 2004 having two separate appeal provisions.

If the school is yet to be established : No Objection Certificate (NOC)

Anyone who wishes to establish a minority educational institution applies to the competent authority in the state government for a No Objection certificate (NOC). The authority is required to decide the application after giving the applicant an opportunity of being heard, and if it rejects the application, it must communicate it to the applicant institution. 

An appeal against refusal of the NOC goes to the National Commission for Minority Educational Institution under Section 12A of the National Commission for Minority Educational Institutions Act, 2004

The Ninety-day rule : Deemed NOC

If the State competent authority takes no action on your no objection certificate application within ninety days of receiving it, the certificate is deemed to have been granted.

If the school is already running : Minority status certificate

This is for the recognition of the institutions character and is for an institution that already exists. Here you are asking for recognition that the institution is a minority educational institution ( Article 30(1) of the Constitution). The application goes first to the authority set up by the state government. If the State refuses, then the appeal to the commission lies under Section 12̆B of the National Commission for Minority Educational Institutions Act, 2004

Thirty days – from communication, not from the date on the order

Both appeals must be filed within thirty days. The Commission can condone delay beyond that if it is satisfied there was sufficient cause. The period runs from the date the order was communicated to you, which is not always the date typed on the order.

In Short 

If you applied for a No objection certificate (NOC) and heard nothing, the 90 day rule works in your favour and  a certificate is deemed to have been granted. If the NOC has been refused then an appeal under Section 12A to the NCMEI is the way forward.

If you applied for a Minority status certificate and heard nothing, there is no equivalent provision. The appeal is framed around a rejection. Once the minority status certificate has been rejected by the authority an appeal under Section 12B to the NCMEI can be made.