Delhi HC Upholds Decision to Dissolve ‘Maulana Azad Education Foundation’

Today(on 16th April), Delhi High Court confirms closure of Maulana Azad Education Foundation, citing compliance with governing laws. Decision to shut down institution supporting educationally backward minorities deemed “well considered.”

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Delhi HC Upholds Decision to Dissolve 'Maulana Azad Education Foundation'

DELHI: The Delhi High Court today(on 16th April), has confirmed the closure of the Maulana Azad Education Foundation (MAEF), an institution established to support students from educationally backward minorities. The decision, delivered by a Division Bench consisting of Acting Chief Justice Manmohan and Justice Mini Pushkarna, was described as “well considered” and in accordance with the governing laws of the MAEF’s General Body.

The court rejected the petitioners’ challenges to the dissolution of the MAEF. These petitioners, representing a group of concerned citizens, contended that closing the MAEF would deprive deserving students, especially females, of crucial educational benefits. Additionally, they alleged that the government’s decision to dissolve the MAEF was “entirely malicious, arbitrary, and an abuse of authority,” lacking legal validity.

In their detailed plea, the petitioners expressed concern over the procedural discrepancies in the dissolution process. They highlighted that according to the Societies Registration Act of 1860, dissolution should begin with a proposal from three-fifths of the society’s members. Additionally, the Act stipulates that assets should be transferred to a similar society, as determined by a similar voting threshold. Contrary to this procedure, the government’s order not only mandated MAEF’s dissolution but also predetermined the transfer of remaining funds to the Consolidated Fund of India and allocated fixed assets to the Central Warehousing Corporation (CWC), blatantly disregarding the established legal framework.

Against the backdrop of MAEF’s declining financial support, as highlighted by the Hindustan Times, the foundation witnessed a significant decrease in government grants. Funding dropped from Rs.90 crore in the FY 2021-22 to a mere Rs.1 lakh in 2022-23, with a slight increase to Rs.10 lakh for 2023-24. Notably, for the year 2024-25, the foundation received no government funds.

Despite financial challenges, the MAEF had made significant contributions, notably through the Maulana Azad National Fellowship. As of the FY 2021-22, the fellowship had supported over 6,700 candidates, distributing a total of Rs. 738.85 crores. However, the discontinuation of this scheme in 2022 led to widespread protests among students, signaling the profound impact of the foundation’s programs.

MAEF dissolution led by Senior Advocate Anand Grover, with support from Fuzail Ahmad Ayyubi, Ibad Mushtaq, Akanksha Rai, Rohin Bhatt, and Gurneet Kaur.

Case Title:

Dr Syeda Saiyidain Hameed & Ors v Union of India & Ors

author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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