Supreme Court Directs Urgent Listing Of Jauhar University's Plea In Allahabad High Court

The Supreme Court has directed the Allahabad High Court to urgently hear the plea filed by Samajwadi Leader Azam Khan's Trust (Maulana Mohamad Ali Jauhar Trust) against the decision of the Uttar Pradesh Government to take over the land of Jauhar University in Rampur. A bench led by CJI DY Chandrachud and comprising Justice JB Pardiwala and Justice Manoj Misra directed the plea to be listed for "urgent admissions" before the Bench presided over by the Acting Chief Justice of the Allahabad High Court (HC).

Senior Advocate Kapil Sibal, appearing before the bench for the petitioner argued that the matter would affect the future of 600 girls who were studying in the University. The bench noted that it appeared that the Allahabad High Court had reserved its judgment in the matter "some time ago”. However, the Bench proceeded to release the matter from its part heard status on the ground that it needed further hearing and one of the members of the Bench was sitting in the Criminal Appellate Jurisdiction. The proceedings were directed to be listed before an appropriate Bench in the next cause-list. However, one of the Judges in the Division Bench which reserved the matter for judgment later got transferred to the High Court at Calcutta.

Thus, in any event, the Supreme Court remarked that the proceedings would have to be listed before a fresh Bench to be nominated by the Chief Justice. The bench held–

"In order to facilitate the petitioner in seeking access to judicial remedies, we direct that the writ petition, namely, Writ-C No 7022 of 2023, be shown in the list of urgent admissions and be listed before the Bench presided over by the Acting Chief Justice of the High Court of Judicature at Allahabad."

Further, the bench also granted liberty to the petitioner to move the Bench presided over by the Acting Chief Justice of the High Court of Judicature at Allahabad with an application for interim relief. The Supreme Court held that such an application should be considered on its own merits expeditiously.

It may be recalled, in 2022, the Supreme Court had passed an interim order staying the take over of land allotted to the Jauhar University. A bench comprising Justices Ajay Rastogi and CT Ravikumar had passed the interim order while issuing notice to the State of Uttar Pradesh on the Special Leave Petition filed by Maulana Mohammad Ali Jauhar Trust challenging the Allahabad High Court's refusal to interfere with the direction issued by the Additional District Magistrate, Rampur, for taking back nearly 400 acres of land allotted to the University. 

Case Title: Executive Committee, Maulana Mohamad Ali Jauhar Trust v State Of Uttar Pradesh And Ors. Diary No. 45480-2023

Click Here To Read Order