Allahabad HC Allows 'Rampur Public School' To Intervene In Jauhar University Land Dispute, Seeks Details On Safeguarding Students' Interest

Rampur Public School is affiliated to the Central Board of Secondary Education (CBSE) and has been running under the aegis of Maulana Mohamad Ali Jauhar Trust since 2015. In the application, it has been stated that around 139 students have been studying in the school with 50% concession in the prescribed fee.

In March 2023, the principal of the School was served with a notice to vacate the premises as the lease of the Petitioner Trust had been cancelled. Thereafter, the intervention application was filed to allow the School to operate from the premises as the new session was to commence from April 2023. However, an order was passed on the application.

During the course of hearing of the case regarding the cancellation of the lease deed of the Maulana Mohamad Ali Jauhar Trust, the bench comprising of Acting Chief Justice Manoj Kumar Gupta and Justice Kshitij Shailendra put a specific query to the Advocate General appearing on behalf of the State regarding the status of the students who were enrolled in Rampur Public School at the time of cancellation of the lease. It was then, that the intervention application filed by the school was brought to the notice of the Court.

On the last hearing, the Court was disappointed with the response of the State regarding the status of the students. “What steps have you taken for the students? Its seems you are a mute spectator,” said Acting Chief Justice Manoj Kumar Gupta to the Advocate General.

The Acting Chief Justice pointed out that there was a lack of sensitivity towards the students who were suffering from the lease cancellation.

While allowing the intervention application by Rampur Public School the Court observed that

“It is stated that the building given on lease was in possession of the applicants for the purposes of running a secondary school affiliated to Central Board of Secondary Education. There were 1479 students in different classes during academic session 2022- 23. The abrupt action taken by the respondents ceiling the building has resulted in grave and irreparable injury to the institute as well as the students. The applicants, therefore, have sought intervention in the present matter.”

By way of a supplementary affidavit, it was brought on record that at present only 733 students were admitted in the school, other students had left.

The Court granted three days time to the State to bring on record “the efforts made by the State Government so far and steps that would be taken by the State in future to secure the interest of the students.”

In addition to the above, the Advocate General defended the cancellation of the lease without show cause notice on grounds that public interest is of paramount consideration. It was argued that the land which was acquired for the purpose of higher learning (research institute) was being used to run the Rampur Public School. Learned Advocate General urged that the fact that the School was before the Court, through an intervention application, proved that the lease granted for running the research institute was being misused.

The Advocate General placed heavy reliance on the report of the Special Investigation Team to state that sufficient opportunity was given to the petitioner trust before the cancellation of the lease.

It was argued that this was a case of “nepotism” where the cabinet minister was himself the chairman of a private trust running the institution and all approvals were granted by him by bypassing procedures prescribed in law. “Perhaps he thought he was the super CM”, stated Advocate General referring to the then cabinet minister, Mohd. Azam Khan.