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AMU Malappuram: Kerala HC dismisses petition seeking stay on admission

Saturday, September 18, 2010 11:05:26 AM, Special Correspondent

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Aligarh: A major legal roadblock for establishing AMU Malappuram Center and launching of MBA and BALLB programmes in the current session was removed by the Kerala High Court. The High Court has rejected the prayer of Janardhanan for interim relief against the establishment of Aligarh Muslim University in Kerala at Perinthalmanna.

The Chief Justice J. Chelameswar and Justice P.N. Ravindran noted that the petitioner has overlooked the language of Section 12(2) of the Act. The Hon’ble High Court of Kerala further observed that the Section 12(2) of the AMU Act reads the University may also, “with the sanction of the Visitor and subject to the statutes and ordinances, establish and maintain such special centers, specialized laboratories or such other institutions for research or instruction as are necessary for the furtherance of its objects either on its own or in co-operation or collaboration with any other institution”.

The writ petition was filed by K. Janardhanan to “stay all further proceedings of establishment of off campus center of AMU in Kerala and admission to various classes this academic year of Aligarh Muslim University”, Malappuram center at Perinthalmanna pending disposal of the writ petition.

The writ petitioner Janardhanan claimed to be a public-spirited citizen, practicing lawyer, political activist, educationist, trade unionists, etc. The essence of the grievance of the petitioner was that the first respondent, i.e., AMU took a decision to establish a campus at Malappuram in Kerala and such an establishment is beyond the authority of law confirmed on the university under the Aligarh Muslim University Act.

Regarding the hostel issue, Chief Justice J. Chelameswar and Justice P.N. Ravindran of Kerala High Court were of the opinion that non-availability of a hostel at the initial stages may not by itself be a ground for prohibiting the University from establishing a campus. They further observed that, in view of the pendency of the writ petition (c) No. 15091 of 2010 “We do not propose to make any further in-depth analysis of the writ petition. The above mentioned facts, in our own view, are sufficient to reject the prayer for interim relief. The prayer is accordingly rejected”.

The writ petition argued that the University could establish special centers, special laboratories etc., only within a radius of 25 kilometers of the university mosque in view of the language of the sub-section (9A) of Section 5 of the AMU Act.

T.P.M. Ibrahim Khan, Assistant Solicitor General of India plead the arguments on behalf of the respondents.

It is to be noted that based on the same plea an old boy of the University Z.K. Faizan has also filed a writ petition in the Allahabad High Court and the case will come for hearing on 27th of this month.






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