New Delhi: The Supreme Court on Monday dismissed a plea filed by the executive committee, Maulana Mohamad Ali Jauhar Trust challenging the Uttar Pradesh government’s decision to terminate Rampur Public School’s lease.
The trust had moved the apex court against the order passed by the Allahabad High Court on March 18, 2024, which dismissed a writ petition challenging the cancellation of land lease of Maulana Mohammad Ali Jauhar University run by a trust led by Samajwadi Party leader Azam Khan in Rampur district of Uttar Pradesh. The state government had cancelled the lease of 3.24-acre land of Jauhar trust citing lease condition violations.
On Monday, a three-judge bench led by Chief Justice of India D Y Chandrachud and comprising justices J B Pardiwala and Manoj Misra observed that the admitted facts that stand on the record is that the allotment of land was a clear misuse of the office of the minister. Senior advocate Kapil Sibal, representing the petitioner, said it is not that Khan took the decision, instead the matter went to the Cabinet and there was a resolution, which was passed.
Khan and his family faced over 80 FIRs including those of land grabbing after the change of regime in Uttar Pradesh in 2017. During the hearing, the apex court pointed out that Khan, who was then the Urban Development Minister as well as the Minority Affairs Minister, got the land allotted to a trust run by the family.
The CJI said it is a clear case of misuse of office, and if this is not so what else would be. “There was misuse of the office of the….actually when I initially started reading it I said alright, look at the notice. Were they given an opportunity. But when you read these facts then what else”, said the CJI.
The CJI said that judges’ on the bench have gone through the judgment passed by the Allahabad High Court, and they are of the opinion that the high court order is correct. Citing a judgment, Sibal said if that was malafide then so is this (the decision of the state government) and added, “we were charging Rs 20, fee for the 5% of the children. The exams were on March 18, they took possession on March 14. This is not for profit organization”.
The CJI said, “the facts here are gross...we will leave it. I spoke to both my judges’”. At this juncture, Sibal said, “what about those 300 children, who do not have a school to go to. Please tell the government to adjust them”.
After hearing submissions from Sibal, the bench said: “we have heard Mr Kapil Sibal, senior counsel appearing on behalf of the petitioner. We do not find any infirmity in the order of the high court dated March 18, 2024. The special leave petition is dismissed”.
On Sibal’s submission regarding 300 children studying in the school, the bench said: “We request the secretary in the Department of School Education to ensure no child is denied admission…”.
On March 18, the high court had said: “Even if the impugned decision of the state government is assumed to be suffering from some procedural irregularity, any interference by this court would result in revival of an absolutely illegal grant”.
The Uttar Pradesh government, before the high court, had 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.
The state had also argued that the land which was acquired for the purpose of higher learning (research institute) was being used to run the Rampur Public School.
The state government defended the cancellation of the lease without show cause notice on grounds that public interest is of paramount consideration
The advocate general, representing the state government, cited the report of the special investigation team to state that sufficient opportunity was given to the petitioner trust before the cancellation of the lease.
