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Saturday, July 31, 2010

Allahabad High Court stays plan for AMU special centres

http://www.hindusta ntimes.com/ Allahabad- High-Court- stays-plan- for-AMU-special- centres/Article1 -580273.aspx

Allahabad High Court has stayed the establishment of AMU centres elsewhere in the country.

A bench of the Allahabad High Court with Chief Justice F.I. Rebello and Justice A.P. Sahi heard the PIL on establishment of the centres. The
judges have stayed all activities concening the establishment of the centres. In this connection, PIL had been filed by Z.K. Faizan.

Aligarh Muslim University Vice-Chancellor Prof. P.K. Abdul Azis’ grand project establish study centre off site Aligarh Muslim University campus get big jolt when Allahabad High Court in its intrim order has issued stay order against AMU to start study centre in five states viz. Madhya Pradesh, Kerala, Maharashtra, Bihar and West Bengal to provide education facilities for minority.

Now this special study centre project is hampered due to legal dispute. The issue of opening off site campus centres is becoming tough for Aligarh Muslim University. Following Kerala High Court, now Allahabad High Court has also stayed on this special centres in a public interest litigation.

AMU Old Boy and AMU court memberZ.K. Faizan has filed writ petition in Allahabad High Court. The court has accepted the writ petition. In Allahabad High Court Z.K. Faizan has raised legal issue that there is no provision in AMU Act to establish study center out side Aligarh. There is special provision in Act that AMU can start institution or study cenres within 25km jurisdiction from the AMU mosque and ordinance or amendment in AMU Act by Parliament is necessary for opening branch. Which has not been issued so far by Union Government.

Prior to this Kerala High Court in its interim order has issued stay order against AMU to start study centre in Mallapuram in Kerala and to stop admission process.

A senior advocate K. Janardan had filed a petition on 17th May in Kerala High Court against proposal of AMU to open a centre at Mallapuram. K Janardan had retied on two points. First that as per AMU Act the University can not open any centre outside the campus and second that there is no infrastructure.

Interestingly, Old Boys’ Association, AMU Teachers’ Association, Employees and students are also gearing up to oppose to establishment of special centres. In this regard Old Boys’ Association Secretary Kokab Hameed said that President assured to look into the matter and all the papers.

AMU Teachers’ Association also decide that teachers will meet President of India in near future to garner faculty support against setting up these five off site campus.

AMU Counsel and Senior lawyer S.M.A. Kazmi pleaded in the High Court that President of India in her capacity of Visitor to the University, approved the special cetnres at Mallapuram, Kerala and Murshidabad under AMU Statue 12(2).

In Allahabad High Court, Senior Lawyer Irshad Ahmad and Tulika Prakash pleaded that AMU sought permission from President of India to start centre at Murshidabad and Mallapuram concealing the clause in university Act. If the off site centres are started the residential character of AMU will be disturbed.

Off site centre issue have taken U-turn when AMU Vice-Chancellor Prof. P.K. AbduL Azis has called AMU Court meeting on July 31st 2010. Despite Allahabad High Court in its interim order issued a stay order against AMU proceeding and planning to start related to off site centres.

On the other hand Registrar Prof. V.K. Abdul Jalil emphasized that there is no stay for AMU court. Meeting hence, it will be held as per program. University PRO Dr. Rahat Abrar told media persons that process of admissions in the centres will be undertaken only after court delivers its decision.

A senior member of AMU Court Khursheed Ahmad Khan told that I had received agenda of the meeting just yesterday in the afternoon. As the agenda is about discussing centres, it will fall under contempt of court. In fact the agenda should have been issued fifteen days in advance. Earlier university had issued notice only. On the centres, earlier Kerala High Court had already stayed the establishment of Mallapuram centre and now Allahabad High Court has also stayed it. It means the path of the administration is not easy and establishment of the cetnres will not be easy task.

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