Document Fragment View

Matching Fragments

(i) Whether the initial grant made by the previous Government in favour of the Petitioner-Trust was void ab initio?
(ii) Whether there was violation of principles of natural justice as would render the impugned decision(s) of the present State Government a nullity ?
(iii) Whether discretionary and equitable jurisdiction of High Court under Article 226 of the Constitution of India should be exercised in the facts and circumstances of the instant case ?

PRODUCTION AND PERUSAL OF THE ORIGINAL RECORD

ANALYSIS Issue No.1

21. The fundamental question is whether the initial grant made by the previous Government in favour of the Petitioner-Trust was void ab initio. It would be advantageous to first advert to certain proceedings from the original record and the counter affidavit.

22. The State Government decided to establish a Training and Research Institute at Rampur to provide fillip to Urdu, Arabi and Farsi languages. For achieving the said objective, it transferred 1.314 hectare of land of District Jail, Rampur to Department of Minority Welfare and Waqf, State of U.P. vide G.O. No. U.O.-53/22-4-2-2004 August 2004 for establishment of Training and Research Institute in the name of Maulana Mohd. Ali Jauhar Training and Research Institute, Rampur. A detailed project report was got prepared setting out the objectives of the Research Institute. The building of the Research Institute was got constructed on the said land in pursuance of G.O. No. 1690/52-2-2005-2(47)/2005, dated 24.10.2005. The Construction and Design Services, U.P. Jal Nigam was given the task of constructing the building of the Research Institute at an estimated cost of Rs. 9.44 crores. Eighty percent of the work was duly completed by the Construction Agency. On 1.8.2006, a G.O. was issued creating 21 temporary posts for the Research Institute. The post of Director of the Research Institute was conceived to be equivalent to the post of Professor and was to be filled up by transfer/deputation by the Department of Minority Welfare and Waqf, Government of U.P. Rest of the 20 temporary posts were to be filled up from Provincial Civil Services, Economic Statics Wing of the Department of Planning by deputation/transfer, till Service Conditions were laid down and regular appointments were made. Abruptly, on 10.12.2012, the then Chief Minister announced in a public meeting that the Research Institute would be attached to Maulana Mohd. Ali Jauhar University. The decision was communicated vide Mukhya Mantri Ghoshna dated 9.12.2012. The original record reveals that on 30.1.2013, the Section Officer of Minority Welfare and Waqf Department sent a request to the Deputy Secretary of the State for creation/sanction of 21 posts in the Research Institute. Just below the aforesaid noting is a noting dated 13.02.2013 made by Cabinet Minister (Minister of Urban Development, Parliamentary Affairs, Minority Welfare and Waqf), to the following effect:-

90. This Court is fully satisfied that the creation/ grant of lease of the Research Institute in favour the petitioner trust was dehors the provisions of law and a result of gross abuse of the public office held by the Hon'ble Minister. There was a direct conflict of interest and the entire proceedings, culminating in the grant of lease in favour of the petitioner trust were void ab initio. Therefore, issue no. 1 is decided against the petitioner and in favour of the State-respondents.

Finding on Issue No.2