SC asks Allahabad HC to hear PIL against AMU

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.

PTI



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

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