ZAFRUDDIN KHAN Vs. ALIGARH MUSLIM UNIVERSITY

JUDGEMENT

(1.) Leave granted. Heard.

(2.) The Appellant filed a Public Interest Litigation in the Allahabad High Court for a declaration that the decision of the Aligarh Muslim University ( 'AMU' for short), the first Respondent herein, to establish special campus centres across India was illegal and for a direction to the said University not to establish a campus at Chelemala at Perinthalmanna Mallapuram Kerala. The Appellant relied upon Section 5(9A) of the Aligarh Muslim University Act, 1920 in support of his contentions. The said petition was resisted by the Respondents inter alia on the ground that Appellant had no locus standi to file such a petition and justifying the action by relying upon Section 12(2) of the said Act.

(3.) The said writ petition has been dismissed by the High Court by the impugned order dated 7.10.2010 on the ground that the Appellant does not have any locus standi to file such public interest litigation. The High Court was of the view that only a Member of the University Senate or University Academic Council or University Court could file a writ petition for the reliefs sought by the Appellant. The High Court was also of the view that the fundamental rights of the Appellant were not affected by the proposed action of the University and therefore, the writ petition was not maintainable. The High Court consequently dismissed the writ petition with an observation that if any aggrieved person having a locus files a proper petition, the dismissal of the Appellant's petition will not come in the way of such petition being entertained. The said order is challenged in this appeal by special leave.