SC dismisses plea by Azam Khan’s Maulana Mohammad Ali Jauhar Trust against lease termination: ‘clear case of misuse of office’

“We do not find any infirmity in the judgement and order of the High Court of judicature at Allahabad dated March 18, 2024. The Special Leave Petition is dismissed,” ordered the bench also comprising Justices J B Pardiwala and Manoj Misra.

The Trust had challenged the Allahabad High Court order dismissing its plea against the UP Government’s March 31, 2023, decision cancelling the lease.

Appearing for the Trust, Senior Advocate Kapil Sibal said he is “not disputing any of these” and “there is only one issue that I want to raise”. “The issue is that if they had given me notice and given me reasons, I could have responded because ultimately the matter went to the cabinet. The chief minister took the decision. It is not just that I took the decision. The matter went to the Cabinet. There was a resolution passed by the Cabinet,” said Sibal.

Sibal said, “Notice given in 2019, no reasons given, none whatsoever. And they cancelled in 2023. No reasons given. And the court now supplies all the reasons”.

But the bench did not relent. “Clear case of misuse of the office… Actually, initially, when I started reading, I said, alright, look at the notice, were you given an opportunity? But when you read these facts, what else…,” remarked CJI Chandrachud.

Sibal said that if the allotment was malafide, so was the cancellation. He added, “We were charging Rs 20 fee for 5 per cent of the children.” The senior counsel submitted, “Exams (in the institution) were on March 18 and they took possession on March 14. It’s a not-for-profit organisation… 300 students don’t have a school to go to”.

However, CJI Chandrachud said he had consulted both his colleagues and added, “The facts here are gross”.

Sibal asked, “What about the 300 students who do not have a school to go to?” and urged the court to “at least tell the government to adjust them”. Agreeing to the request, the Supreme Court bench asked the UP Government to look into the matter.

“Responding to the plea of the senior counsel that about 300 students are studying in the school who have not been admitted to any other alternate school, we request the Secretary in the Department of School Education or as the case may be the competent authority of the State of Uttar Pradesh, to look into the above grievance and to ensure that no child is denied admission to a suitable educational institution,” the bench added in the order.