Supreme Court rejects plea challenging cancellation of Jauhar University’s lease

The Supreme Court on Monday refused to entertain a petition challenging the cancellation of a land lease belonging to Maulana Mohammad Ali Jauhar University.
A bench headed by Chief Justice of India DY Chandrachud, and also comprising Justices JB Pardiwala and Manoj Misra, upheld the Allahabad High Court order, which had dismissed the plea filed by Maulana Mohammad Ali Jauhar Trust’s executive committee against the cancellation of the land lease by the Uttar Pradesh government. The university was founded by Samajwadi Party leader Azam Khan in Rampur district.
The UP government had cancelled the lease for the 3.24 acre piece of land allotted to the Trust citing violations of conditions. Backing its action, the UP government alleged that the land was originally allotted on lease for a research institute, but a school was being run there.
Senior Advocate Kapil Sibal, appearing for the Trust, told the bench that the action of the state government was malafide (in bad faith) since this is not a for-profit organisation.
“The cancellation of the lease was mala fide and highlighted that the Trust was giving education at concessional rates to poor students and 300 children don’t have a school to go to”, Sibal said.
At this, the three-judge bench said, “The admitted facts that stand on the record, the allotment of land was a clear misuse of the office of the Minister, your client was a Cabinet minister when the allotment of land happened. We have gone through the judgment. The facts here are gross”.
“He (Azam Khan) got the land allotted to a family Trust of which he is a lifetime member. The lease was initially in favour of a government institute that was tagged to a private Trust. How can a lease which was meant for a government institute be given to a private Trust? It is a misuse of the office”, CJI Chandrachud said.
However, the bench asked the Uttar Pradesh government to ensure that no child should be denied admission to a suitable educational institution.
The state government had cancelled the lease deed of the university in 2023, objecting to which the Trust approached the top court challenging the Allahabad High Court’s order, which dismissed its appeal, delivered in March this year.
The Trust then argued that the lease was cancelled without providing any opportunity for hearing.
However, the Advocate General cited a Special Investigation Team (SIT) report, maintaining that the petitioner was given sufficient opportunity to respond before the lease was cancelled.
Maulana Muhammad Ali Jauhar University is a private institution established in 2006 by a Trust and Azam Khan is its chancellor, while his family members are the trustees.