New Delhi, Oct 14 In a big jolt to Samajwadi Party leader Azam Khan-led Maulana Mohammad Ali Jauhar Trust, the Supreme Court on Monday upheld the Uttar Pradesh government's decision to terminate Rampur Public School’s lease.
A bench, headed by CJI D.Y. Chandrachud declined to interfere with the decision of the Allahabad High Court which had refused to grant any relief claimed by the petitioner trust.
The Bench, also comprising Justices JB Pardiwala and Manoj Misra, remarked that the allotment of land was a clear misuse of the office of the minister.
The apex court asked the Uttar Pradesh government to ensure that children currently enrolled in the trust's school are not denied admission to a suitable educational institution.
In its decision passed on March 18 this year, a Bench of Justices Manoj Kumar Gupta and Kshitij Shailendra of the Allahabad HC 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 Supreme Court, in an earlier round of litigation, had asked the Allahabad High Court to give an urgent hearing on the trust’s plea challenging the termination of the lease. The top court, in December last year, ordered that the application seeking an urgent interim relief against sealing of premises will be considered by a Bench presided over by the Acting Chief Justice of the Allahabad High Court.
Senior advocate Kapil Sibal, appearing on behalf of the Jauhar Trust, pleaded that the High Court kept the interim application pending and proceeded to hear the writ petition and reserved the judgment. Later, the Allahabad High Court had released the matter, saying that it was required to be heard afresh. The Rampur Public School's lease had expired in January 2023 and accordingly, the minorities welfare officer of Rampur had directed that the building be vacated. When the school building was not vacated, the Rampur district administration sealed the entire premises.
The executive committee of the Maulana Mohammad Ali Jauhar Trust had then moved the Allahabad High Court with a demand to quash the decision of the district administration.
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