HC dismisses petition in Jauhar University matter after govt contests maintainability
Summarized and contextualized by DistantNews.
At a glance
- The Allahabad High Court dismissed a petition filed by a businessman on behalf of Mohammad Ali Jauhar University.
- The court cited that the petitioner was an outsider and not an official of the institution, questioning the petition's maintainability.
- Meanwhile, a divisional commissioner's court granted interim relief, staying the demolition of 38 university buildings pending a final hearing.
The Allahabad High Court has refused to hear a petition filed by a businessman representing Mohammad Ali Jauhar University concerning the demolition of its buildings. The court's decision came after the government contested the petition's maintainability, arguing that the pleader was an outsider and not an official of the institution.
This writ petition is being sworn by a person, namely Mohammad Yusuf, who is by occupation a businessman and is being appointed as a pairokar of Mohammad Ali Jauhar University.
Additional Advocate General Anupam Trivedi raised a preliminary objection, stating, "This writ petition is being sworn by a person, namely Mohammad Yusuf, who is by occupation a businessman and is being appointed as a pairokar of Mohammad Ali Jauhar University." He further argued that a university should be represented by its Registrar or another official, not a stranger.
After going through the records of writ petition, Court finds merit in the objection raised by learned Additional Advocate General appearing on behalf of State.
Justice Saurabh Shyam Shamshery agreed with the state's objection, noting, "After going through the records of writ petition, Court finds merit in the objection raised by learned Additional Advocate General appearing on behalf of State." The judge concluded that "in the interest of justice, the present writ petition can be disposed of so that proceedings initiated against the petitioner Trust/University be brought to its logical conclusion."
in the interest of justice, the present writ petition can be disposed of so that proceedings initiated against the petitioner Trust/University be brought to its logical conclusion.
Separately, the Moradabad Divisional Commissioner's court granted interim relief to the university, founded by Samajwadi Party leader Azam Khan. The court stayed the proposed demolition of 38 buildings on the campus until the final hearing. Divisional Commissioner Anjaneya Kumar Singh stated that the interim stay was granted after the university's counsel submitted an application. The demolition order was issued by the Rampur Development Authority, alleging that 38 of the university's 40 buildings were constructed without approved maps. Students have been protesting the order, which was set to expire on July 30.
The application moved by the university's counsel has been accepted and demolition of any structure has been stayed till further orders. The stay will remain in force until the final hearing in the matter.
Originally published by Hindustan Times. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.