Anoop Prabhakar vs. Union Of India Through Secretary

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

INTERLOCUTORY APPLICATION NO.4 OF 2017 IN SPECIAL LEAVE PETITION (C) NO.32490 OF 2015

SYED ABRAR AHMAD ... PETITIONER(S)

VS.

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

O R D E R

1. The instant I.A. is principally based on the assertion, contained in paragraph 9 thereof, which is extracted hereunder :

"9. That on the basis of the submissions aforesaid, it is suffice to say that the present Vice Chancellor of the Respondent University is usurping the powers of the AMU Act/Statutes in not only following the mandatory nature of the UGC Regulations; but also doing illegal appointment of academic and other staffs who are not qualified under the law prescribed by the UGC."

2. Based on the above assertions, the following reliefs were prayed for :

"(a) Pass an order staying the notification dated 12.01.2017 issued by the Respondent University convening meeting of the Executive Council, followed by AMU Court, for drawing a panel of three names for the post of Vice Chancellor; and/or

(b) Pass such other or further order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice."

3. Mr. Raju Ramachandran, learned senior counsel, appearing on behalf of the Aligarh Muslim University, states, that a panel of three names have been recommended to the Visitor, i.e., to His Excellency the President of India, for appointment against the post of Vice Chancellor (of the Aligarh Muslim University). It was further submitted, that all the names on the panel are of academicians who satisfy the academic requirements laid down by the University Grants Commission (UGC) Regulations, 2010, for appointment as Vice Chancellor. This submission has been made by the learned counsel, without prejudice to the claim, that the University does not acknowledge itself, being bound, by the UGC Regulations.

4. In view of the statement made by the learned counsel representing the Aligarh Muslim University, we find no justification for any urgent interim direction. I.A.No.4/2017 is accordingly dismissed.

...................CJI. [JAGDISH SINGH KHEHAR]

.....................J. [N.V. RAMANA]

New Delhi; 13th February, 2017. ITEM NO.12 COURT NO.1 SECTION XI

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

I.A.No.4/2017 in Petition(s) for Special Leave to Appeal (C) No(s).32490/2015

SYED ABRAR AHMAD Petitioner(s)

VERSUS

ALIGARH MUSLIM UNIVERSITY & ORS. Respondent(s) (For directions and office report)

Date : 13/02/2017 This application was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE N.V. RAMANA

	For Petitioner(s)	Mr. Prashant Bhushan,Adv.
		Mr. Govind Jee,Adv.
	For Respondent(s)	Mr. Mukul Rohtagi,AG
UOI		Ms. Vibha Datta Makhija,Adv.
		Mr. Ajay Sharma,Adv.
		Mr. Sourabh Kirpal,Adv.
		Ms. Disha Vaish,Adv.
		Mr. Gurmeet Singh Makker,Adv.
		Mr. Raju Ramachandran,Sr.Adv.
		Mr. Siddharth Vaid,Adv.
		Mr. Ishwar Mohanty,Adv.
		Mr. Vikram Narayan,Adv.
		For Mr. Anup Kumar,Adv.
No.3		Mr. Imtiaz Ahmad,Adv.
		Mr. B.B. Singh,Adv.
		For Mr. Prem Prakash,Adv.
UGC		Mr. K.K. Rai,Sr.Adv.
		Mr. Manoj Ranjan Sinha,Adv.
		Mr. Anshul Rai,Adv.
		For Mr. Rameshwar Prasad Goyal,Adv.

UPON hearing the counsel the Court made the following O R D E R

I.A.No.4/2017 is dismissed in terms of the signed order.

(Sarita Purohit) (Renuka Sadana) Court Master Assistant Registrar