LawChakra

Centre to Delhi HC: Maulana Azad Education Foundation’s Operation Called “Obsolete”

In the Delhi High Court, the Indian government defended its decision to dissolve the Maulana Azad Education Foundation (MAEF), explaining that its functions were now redundant due to the Ministry of Minority Affairs.

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Centre to Delhi HC: Maulana Azad Education Foundation's Operation Called "Obsolete"
DELHI HIGH COURT

DELHI: On Tuesday(12th March),The Indian government has defended its decision to dissolve the Maulana Azad Education Foundation (MAEF) at the Delhi High Court. The foundation, which previously supported educationally disadvantaged minorities, was labeled “obsolete” as its functions are now covered by the Ministry of Minority Affairs.

The central government’s response came against the backdrop of a legal challenge to a directive that mandated the MAEF to cease operations. The government argued that the establishment of the foundation was pertinent at a time when there was no dedicated Ministry of Minority Affairs.

“There cannot be a perpetual monopoly over the promotion of the minorities when the authorities concerned have taken a decision to dissolve the foundation as per law,”

– stated Additional Solicitor General Chetan Sharma, representing the government.

Sharma emphasized that the current ministry is “equipped with adequate staff” and has been “effectively executing a range of initiatives tailored to meet the needs of the minority communities in a thorough and holistic manner.” He highlighted that the foundation’s functions have been absorbed or replaced by the ministry’s initiatives, rendering its continued operation unnecessary.

“Currently, a specialized ministry exists, equipped with adequate staff which has been effectively executing a range of initiatives tailored to meet the needs of the minority communities in a thorough and holistic manner. Given this context, the continued operation is rendered obsolete,”

-Sharma elucidated.

The government’s stance is that the dissolution of the MAEF aligns with legal standards and is in the best interest of minority communities. Sharma pointed out that the foundation had initiated 1,600 projects, out of which 523 remained incomplete. In contrast, the Ministry of Minority Affairs has undertaken 75,000 projects, addressing gaps and irregularities found in the foundation’s initiatives.

“The ministry conducted a gap analysis and various irregularities were found,”

– he disclosed.

However, the decision to dissolve the foundation has been met with opposition. Senior advocate Anand Grover, representing the petitioners, argued that the dissolution was not conducted in accordance with the law. The petitioners, Dr. Syeda Saiyidain Hameed, Dr. John Dayal, and Daya Singh, have raised concerns over the abrupt decision, claiming it deprives deserving students, particularly girls, of essential educational opportunities.

The Delhi High Court, in an interim order dated March 7, has put a temporary hold on the government’s decision, pending further hearings.

The next hearing for the matter is set for today.

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