Supreme Court Upholds Cancellation Of Land Lease For Azam Khan's University

The Supreme Court of India has declined to intervene in the case concerning the cancellation of a land lease for Maulana Mohammad Ali Jauhar University, founded by Samajwadi Party leader Azam Khan. The decision, made by a bench led by Chief Justice DY Chandrachud, upholds the Allahabad High Court's earlier ruling supporting the Uttar Pradesh government's action.

The UP government had revoked the lease for 3.24 acres of land, originally allocated to the Maulana Mohammad Ali Jauhar Trust, citing breach of lease conditions. Officials claimed the land, initially intended for a research institute, was being used to operate a school instead.

Senior Advocate Kapil Sibal, representing the Trust, argued that the state's action was in bad faith, emphasizing the Trust's non-profit status and its role in providing affordable education to underprivileged students. However, the Supreme Court found the facts of the case "gross," noting that Khan, a cabinet minister at the time, had the land allotted to a family trust of which he is a lifetime member.

Chief Justice Chandrachud remarked on the apparent misuse of ministerial power, questioning how a lease meant for a government institute could be transferred to a private trust. Despite this, the court advised the UP government to ensure that affected students are not denied admission to suitable educational institutions.

The Trust had challenged the lease cancellation, arguing it was done without a proper hearing. However, the state's Advocate General cited an SIT report indicating that the petitioner had been given adequate opportunity to respond before the decision was made.

Maulana Muhammad Ali Jauhar University, established in 2006, is a private institution with Azam Khan as its chancellor and his family members serving as trustees. This case highlights the ongoing scrutiny of land allocation practices and the use of public office in educational ventures.