è8 1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NO.10222/2012ALIGARH MUSLIM UNIV.TR.REGR. PETITIONER VERSUSQAZI AFZAL HUSSAIN & ORS. RESPONDENTS O R D E R1. Taken on board.2. Petitioner is aggrieved by an interim order passed bythe Division Bench of the High Court of Judicature atAllabahad in Civil Misc. Writ Petition No.14164 of 2012titled as Prof. Qazi Afzal Hussain vs. Aligarh MuslimUniversity & Ors., whereby and whereunder the operation ofthe order dated 15.03.2012, impugned in the Writ Petition,has been stayed. By the order dated 15.03.2012, challengedby Respondent No.1 herein before the High Court, Dr. NoorMohammad/Respondent No.2 has been appointed as Pro Vice-Chancellor of the Aligarh Muslim University (hereinafterreferred to as the 'University') with effect from the saiddate.3. We were given to understand that soon after theappointment, he had taken over the charge as Pro Vice-Chancellor of the said University and discharged the 2duties as such till the interim order came to be passed bythe Division Bench on 22.03.2012.4. After the interim order was passed by Division Benchof the High Court on the aforesaid date, Respondent No.1has taken over charge and is discharging his duties asVice Chancellor.
5. Much has been argued before us with regard to thenature of the interim relief granted in favour ofRespondent No.1, at the motion stage on the first date ofhearing. Mr. G. E. Vahanvati, learned Attorney General ofIndia appearing for Petitioner has contended that such aninterim relief could not have been granted as it amountsto grant of final relief to him. We have also been takenthrough the final relief claimed by Respondent No.1 in theWrit Petition, which reads as thus : "(i) issue appropriate writ, order or direction in the nature of writ certiorari quashing the impugned order dated 15th March, 2012 passed by the respondent no.2, appointing respondent no.3 as Pro Vice Chancellor (annexure-I to the Writ Petition)."6. However, at this stage, it is not proper for us to gointo all these averments made by learned Attorney Generalappearing for Petitioner and controverted by learnedsenior counsel appearing for Respondent No.1. 37. We have been informed that the meeting of theExecutive Council was scheduled for 10th April, 2012 at 11A.M.. It has now been deferred to 12 th April, 2012 at 11A.M.8. We hope and trust that there should not be any furtherdeferment of the meeting of the Executive Council and itwould be held positively on 12th April, 2012 as scheduled.It would then recommend to the University Court a panel offive names under Statute (2)(1) of the Statutes of theUniversity for the appointment of the Vice Chancellor.Once this exercise is completed by the Executive Council,the University Court would consider the appropriate threenames and would send a panel of three names to the
Visitor, who in turn would appoint one of them at theearliest.9. Till such time some interim arrangement is to be madeso that University continues to function and its workingmay not come to a standstill.10. However looking to the facts and features of the case,we deem it fit and proper that neither Respondent No.1 norRespondent No.2 would function as Vice Chancellor or ProVice Chancellor of the University respectively, until theregular appointment is made as mentioned hereinabove atthe earliest. 411. This arrangement, we have to work out as we had tokeep in mind the interest of the students, who areprosecuting their courses in the University.12. For the aforesaid period, the functioning of theUniversity will be carried out by the Executive Counciland would be implemented by the Registrar of theUniversity.13. With the aforesaid directions, this Special LeavePetition stands disposed of. ................J [Deepak Verma] ....................J [K. S. Radhakrishnan)New Delhi;March 29, 2012. 5ITEM NO.10-B(MM) COURT NO.10 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).10222/2012(From the judgment and order dated 22/03/2012 in CMWP No.14164/2012of The HIGH COURT OF JUDICATURE AT ALLAHABAD)ALIGARH MUSLIM UNIV.TR.REGR. Petitioner(s) VERSUSQAZI AFZAL HUSSAIN & ORS. Respondent(s)(With appln(s) for exemption from filing c/c of the impugnedJudgment and permission to file synopsis and list of dates andprayer for interim relief and office report)Date: 29/03/2012 This Petition was taken up on mentioning today.CORAM : HON'BLE MR. JUSTICE DEEPAK VERMA HON'BLE MR. JUSTICE K.S. RADHAKRISHNANFor Petitioner(s) Mr. G. E. Vahanvati, Ld. AG Mr. Pevadatt Kamat, Adv. Ms. Indira Jaising, Ld. ASG Mr. Rajesh Inamdar, Adv. Ms. Priyanka Telang, Adv. Ms. Supriya Jain, Adv. Ms. Sonam, Adv. Mr. Chandra Prakash,Adv.For Respondent(s) Mr. Rajiv Dutta, Sr. Adv. Mr. Aftab Ali Khan, Adv. Mr. Kumar Dushyant Singh, Adv. Mr. M. Z. Chaudhary, Adv. Mr. Shekhar Naphade, Sr. Adv. Mr. Rauf Rahim, Adv. Md. Irshad Hanif, AOR Mr. Masood A. Khan, Adv. Md. Adeel Siddiqui, Adv. ....2/- 6 : 2 : UPON hearing counsel the Court made the following O R D E R Taken on board. In terms of signed order and directions containedtherein, this Special Leave Petition stands disposed of. (Sanjay Kumar-II) (S.S.R. Krishna) Court Master Court Master (Signed Order is placed on the file)
ÚITEM NO.MM-10B COURT NO.10 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).10222/2012(From the judgement and order dated 22/03/2012 in CMWPNo.14164/2012 of the HIGH COURT OF JUDICATURE AT ALLAHABAD)ALIGARH MUSLIM UNIV.TR.REGR. Petitioner(s) VERSUSQAZI AFZAL HUSSAIN & ORS. Respondent(s)(With appln(s) for exemption from filing c/c of the impugnedJudgment,permission to file synopsis and list of dates and prayerfor interim relief and office report)Date: 28/03/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE DEEPAK VERMA HON'BLE MR. JUSTICE K.S. RADHAKRISHNANFor Petitioner(s) Mr. G.E. Vahanvati, A.G. Ms. Indira Jaisingh, A.S.G. Mr. Devadatt Kamat, Adv. Mr. Rajesh Inamdar, Adv. Ms. Priyanka Telang, Adv. Ms. Supriya Jain, Adv. Mr. Chandra Prakash,Adv.For Respondent(s) Dr. Rajiv Dhawan, Sr. Adv. Mr. Rauf Rahim, Adv. Mr. Aftab Ali Khan,Adv. Mr. Irshad Hanif, Adv. Md. Adeel Siddiqui, Adv. Mr. Masood A. Khan, Adv. UPON hearing counsel the Court made the following O R D E R Post tomorrow i.e. on 29.3.2012 in the "List of Mentioning Matters".(A.D. Sharma) (S.S.R. Krishna) Court Master Court Master