Delhi High Court Rejects Plea Challenging Dissolution Of Maulana Azad Education Foundation

The Delhi High Court on Tuesday dismissed a plea challenging the Union Government's decision to dissolve the Maulana Azad Education Foundation (MAEF) which was set up in 1989 for promoting education among educationally backward minorities.

A division bench comprising Acting Chief Justice Manmohan and Justice Mini Pushkarna rejected the public interest litigation (PIL) moved by Dr. Syeda Saiyidain Hameed, John Dayal and Daya Singh.

The court observed that the decision to dissolve the MAEF is a well considered decision, duly taken by the General Body of the MAEF in terms of the authority vested in it by way of the Bye Laws of the MAEF and as per the provisions of the Act, 1860.

 It rejected the petitioners' submission that the decision of dissolution was not in confirmity with the relevant Act.

In view of the aforesaid detailed discussion, this Court finds no merit in the present petition and is not inclined to interfere in the considered decision taken by the respondents. Accordingly, the present petition is dismissed, along with the pending applications,” the court said. 

It added that public interest jurisdiction (unlike civil original jurisdiction) is not supposed to examine and give a finding with respect to each and every procedural or statutory violation. 

The court said that in public interest jurisdiction, the Court has to look at the “big picture” and ensure that the cause of the minorities, in particular the minority girl students, as canvassed by the petitioners, is not prejudiced. 

“Consequently, this Court takes notice of the various welfare schemes being carried out by the respondent no.1- Ministry to cater to the specific interests of the educational and vocational needs of the minority communities, including girls belonging to the said communities. Therefore, the contention of the petitioners that the schemes of the respondent no.1-Ministry do not have objects similar to that of the MAEF, cannot be accepted,” the court said.

Senior Advocate Anand Grover appeared for the petitioners. Additional Solicitor General Chetan Sharma represented the Union of India.

The Union Government had taken the stand that the MAEF has become obsolete when there is a dedicated Ministry, holistically executing schemes for the benefit of the minorities.

The plea challenged Union Government's order passed on February 07 vide which MAEF was instructed to carry out closure process at the earliest.

The foundation was also asked to submit the copy of closure certificate issued by the Registrar of Societies of the Delhi Government on completion of all procedures as per extant laws.

The plea submitted that such an “abrupt, opaque and completely arbitrary decision” to dismantle an “almost four-decade-old institution and scavenge its assets and funds” was bound to have an adverse impact on the lives of a number of students, schools and NGOs.

Counsel for Petitioners: MrAnand GroverSenior Advocate with Mr. Fuzail Ahmad Ayyubi, Mr. Ibad MushtaqMrRohin Bhatt, Ms. Akanksha Rai, Ms. Gurneet Kaur, Mr. Syed Ashhar and Mr. Akram Pasha, Advocates

Counsel for Respondents: MrChetan SharmaASGMr. Vineet Dhanda, CGSC, MrAmit Gupta, MrVinay YadavMr. Saurabh Tripathi, Mr. Vikramaditya Singh, Ms. Gurleen Kaur, MrArchit Aggarwal, Advocates for R-1; Mr. Hashmat Nabi along with MrArham Raza and Mr. Tousif Ahmad, Advocates for R-2 MrAnurag Ojha with MrSubham Kumar, Advocates for R-3

Title: DRSYEDA SAIYIDAIN HAMEDA & ORS. v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 458

click here to read order