SC asks Allahabad HC to hear PIL against AMU
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Last Updated: Thursday, February 17, 2011, 23:01
New Delhi: The Delhi High Court has asked the Allahabad High Court to hear a PIL seeking to restrain Aligarh Muslim University from establishing campuses in other parts of the country.

A bench of Justices R V Raveendran and A K Patnayak set aside the order of the High Court in which it had refused to entertain the PIL filed by a former President of students union of the University on the ground that he had no locus in the case.

"We set aside the order of the High Court and restore the public interest litigation to the file of the High Court without expressing any opinion on the merits of the case," the bench said.

The apex court passed the order on a appeal by the former students union President Zafruddin Khan who had pleaded that with the opening up of proposed new campus in Kerala the quality of education would deteriorate.

The court said the High Court should not have dismissed the petition without going into the merit of the case and asked it decide the PIL on merit.

“We are of the view that having regard to the fact that the appellant was a former student and an elected member of the AMU Court and is also a Donor Life Member, he has sufficient interest to file the writ petition in public interest. The High Court ought not to have dismissed the public interest litigation only on the ground of locus standi of appellant to file the writ petition," the court said.

The High Court had on October 7 last year dismissed the PIL saying Khan did not not have any locus standi to file such a public interest litigation and only a member of the University Senate or University Academic Council or University Court could file a writ petition.

The court was of the view that the PIL cannot be entertained as the the fundamental rights of Khan were not affected by the proposed action of the University.


First Published: Thursday, February 17, 2011, 23:01

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