Anoop Prabhakar vs. Union Of India Through Secretary

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice
Case Status:Pending
Order Date:13 Feb 2017
CNR:SCIN010427522023

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SECTION XI LISTED ON : 10.01.2017 IN THE SUPREME COURT OF INDIA COURT NO. : 1 CIVIL APPELLATE JURISDICTION ITEM NO. : 2

PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL) NO. 32490 OF 2015

WITH PRAYER FOR INTERIM RELIEF

WITH

INTERLOCUTORY APPLICATION NO. 2

(Application for Interim relief.)

SYED ABRAR AHMAD ...PETITIONER(S)

VERSUS

ALIGARH MUSLIM UNIVERSITY & ORS. ...RESPONDENT(S)

OFFICE REPORT

The matter abovementioned was listed before the Hon'ble Court on 30.11.2015 when the Court was pleased to pass the following Order:

"Issue notice on the special leave petition as well as on prayer for interim relief returnable in six weeks. Mr. Anup Kumar, Advocate accepts notice on behalf of the respondent no. 1University. Let notice be issued to other respondents."

Accordingly, Show Cause notice was issued to all the four Respondents through Registered A.D Post on 11.12.2015. Mr. Anup Kumar and Mr Prem Prakash, Advocates have filed vakalatnama and memo of appearance along with Counter Affidavit on behalf of Respondent Nos. 1 & 3 respectively. (Counter Affidavit included in Paper Books). Mr. R.P Goyal, Advocate has on 01.03.2016 filed vakalatnama and memo of appearance on behalf of Respondent No. 4 and has on 29.03.2016 filed Counter Affidavit. Counter Affidavit included in the Paper Books. Counsel for the Petitioner has on 01.04.2016 filed a Rejoinder Affidavit along with application for permission to file Additional documents with the permission of Hon'ble Court. (Copy included in the paper Books). Service of Show Cause is complete in respect of Respondent No. 2 by way of Dasti but no one has entered appearance so far.

It is submitted that Secretary, Ministry of Human Resource & Development has been impleaded as party Respondent No. 5 vide Hon'ble Court's order dated 04.04.2016. Mr. G.S Makkar, Advocate has on 27.04.2016 filed vakalatnama and memo of appearance on behalf of Respondent No. 5. He has on 08.08.2016 filed short Counter Affidavit on behalf of Respondent No. 5. (Copy of the same has

been included in the Paper Books.). Counsel for the Petitioner has on 11.02.2016 filed an application for Interim relief. The said application is registered as I.A No. 2 (Copy included in Paper Books).

The matter above mentioned was lastly listed before the Hon'ble Court on 06.12.2016 when the Court was pleased to pass the following Order:

"Heard learned counsel for the parties at some length.

Mr. Salman Khurshid, learned Senior Counsel appearing on behalf of the Vice Chancellor and Mr. Raju Ramachandran, learned senior counsel for the Aligarh Muslim University (AMU) point out that the University claims to be a minority institution which claim is being examined by a Bench of three Judges of this Court in Civil Appeal No. 2286 of 2006 @ SLP(C)No. 6783 of 2006 titled as Aligarh Muslim Univeristy Vs. Naresh Agarwal & Ors. They argue that some of the questions that arise for determination in these proceedings may have to await the pronouncement of this Court on the question of the AMU being a minority institution.

Alternatively, they submit that these matters should also be directed to be listed for hearing along with Civil Appeal No. 2286 of 2006 mentioned above to avoid any conflict in findings of this Court. We find merit in the submissions and we direct that the matter shall be listed along with Civil Appeal No. 2286 of 2006 for hearing before a Bench of Three Judges on 10th January, 2017.."

It is submitted that Notice of hearing to Mr. Mukul Rohtagi, Ld. Attorney

General regarding listing of matter on 10.07.2017 has been issued on 20.12.2016.

Service of Notice is complete.

The matter along with application above mentioned is listed before the

Hon'ble Court with this office report.

Dated this the 09th day of January, 2017.

ASSISTANT REGISTRAR

Copy to:

Mr. Prashant Bhushan, Advocate Mr. Prem Prakash, Advocate Mr. Anup Kumar, Advocate Mr. R.P Goyal, Advocate Mr. G.S Makker, Advocate

S3 ASSISTANT REGISTRAR

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