Delhi High Court - Orders
Abdul Majeed & Anr vs Registrar Of Societies & Ors on 14 November, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~102
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15123/2024
ABDUL MAJEED & ANR. .....Petitioners
Through: Mr. Saket Sikri, Mr. Anirudh Bakhru,
Mr. Naman Joshi, Mr. Guneet Sidhu,
Mohd. Umar, Mr. Ankur Yadav, Mr.
Vikalp Mudgal, Mr. Naman Joshi,
Mr. Ajaypal Singh Kullar, Mr.
Prakhar Khanna and Mr. Priyansh
Choudhary, Advocates.
versus
REGISTRAR OF SOCIETIES & ORS. .....Respondents
Through: Ms. Vibha Datta Makhija and Ms.
Malvika Trivedi, Senior Advocates
with Dr. Swaroop George, Mr.
Mobashshir Sarwar, Mr. Abhinandan
Jain, Mr. Shailendra Slaria and Mr.
Ankur Chhibber, Advocates for R-2
with Mr. Takrim Ahsan Khan, Law
Officer.
Mr. Manoj Ranjan Sinha and Mr.
Vishal Agrawal, Advocates for R-3.
Mr. Sudhir Nandrajog, Senior
Advocate with Mr. Shreyans Singhvi,
Ms. Tanuja Singh and Ms. Akanksha
Agrawal, Advocates for Intervenor -
Mr. Hammad Ahmed.
Mr. Ankur Chibber and Mr. Nikunj
Arora, Advocates for newly appointed
Dean.
Mr. Rishikesh Kumar, ASC with Ms.
Sheenu Priya, Mr. Atik Gill, Mr.
Sudhir Kumar Shukla and Mr. Sudhir,
Advocates for GNCTD.
W.P.(C) 15123/2024 Page 1 of 5
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 16/11/2024 at 01:06:48
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 14.11.2024 CM APPL. 66594/2024 (seeking stay of notification dated 11th November, 2024)
1. The court is in the midst of hearing the main writ petition which has been heard on two occasions and it is the endeavour of the Court to finally decide the petition. In this regard, it is noted that in the hearing held on 7th November, 2024, certain queries were raised by this Court to the counsel for the parties, for which the response is awaited.
2. In the above background, the Petitioners have now filed the instant application seeking a stay on the operation of the notification dated 11th November, 2024 bearing F.No. JH/RO/Estab/HIMSR/2024/ICOR/95 issued by Registrar of Respondent No. 2 - Jamia Hamdard (Deemed University). The said notification, reads as follows:
W.P.(C) 15123/2024 Page 2 of 5This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/11/2024 at 01:06:48
3. According to the Petitioners, the aforenoted notification has the effect of further precipitating the subject matter of the writ petition. They place reliance on the communication dated 18th September, 2021 issued by Respondent No. 3 - the University Grants Commission to the Registrar of Respondent No. 2 - Jamia Hamdard (Deemed University), requesting the latter to incorporate certain modifications in the Memorandum of Association1 of the University and get the said MOA registered with the office of Respondent No. 1 - the Registrar of Societies. Thus, the Petitioners urge that the latest notification dated 11th November, 2024, which is impugned in the instant application, could not have been issued, but for the impugned order of the Registrar of Societies in the writ petition. As such, the Petitioners argue that even though there is no stay on the impugned order 1 "MOA"
W.P.(C) 15123/2024 Page 3 of 5This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/11/2024 at 01:06:49 of the writ petition, since the Court is engaged with the matter and has been actively analysing the vires of the impugned order, Respondent No. 2 - Jamia Hamdard University ought not to have taken such a step in the interim which has the impact of giving effect to the said impugned order.
4. On the other hand, Ms. Vibha Datta Makhija, Senior Counsel for Respondent No. 2, submits that the impugned notification is not the subject matter of the instant writ petition and therefore, a challenge to the same through an interim application is not permissible. She further submits that the process for recruitment of the Dean/ principal and medical superintendent for Hamdard Institute of Medical Sciences and Research2 commenced on 5th January, 2024 and the impugned notification herein is only a culmination of the selection process. In this regard, she states that the communication calling for applications for the key managerial personnel at HIMSR was in fact challenged by the Petitioners in O.M.P.(I) 1/2024 titled as Asad Mueed & Anr. v. Hammad Ahmed & Ors. and the same was unsuccessful as per the order dated 10th January, 2024. She submits that subsequently, the Petitioners also filed an application under Section 17 of the Arbitration and Conciliation Act, 1996 in this regard, before the Arbitral Tribunal, wherein there have been no interim directions as of now.
5. Considering the aforenoted circumstances, while at this stage the Court is not inclined to comment upon the impugned notification dated 11th November, 2024 which is subject matter of the instant application, nonetheless, it must be observed that since the Court is in the midst of finally deciding the main writ petition, the order dated 18th October, 2024 passed by Respondent No. 1, which is impugned in the writ petition, should W.P.(C) 15123/2024 Page 4 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/11/2024 at 01:06:49 be kept in abeyance, till the Court forms a final opinion on its validity.
6. It must be clarified that the aforenoted observations shall not be deemed as the opinion of the Court with respect to the impugned notification dated 11th September, 2024. All rights and contentions of the parties to that extent are reserved.
7. With the above directions, the instant application is disposed of. W.P.(C) 15123/2024
8. In light of the discussion in the foregoing paragraphs, till the next date of hearing, the order impugned in the writ petition i.e., order dated 18th October, 2024 shall be kept in abeyance.
9. Respondent No. 3 - University Grants Commission is directed to file their counter affidavit/response before the next date of hearing.
10. All parties are directed to file their brief written submission(s), if any, not exceeding three pages before the next date of hearing.
11. Renotify on the date already fixed i.e., 20th November, 2024 at 03:30 PM.
SANJEEV NARULA, J NOVEMBER 14, 2024/as 2 "HIMSR"
W.P.(C) 15123/2024 Page 5 of 5This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/11/2024 at 01:06:49