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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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