New Delhi | The Supreme Court on Friday suggested to the Centre to reconstitute the general body to take a fresh decision on dissolution of the Maulana Azad Education Foundation (MAEF) set up in 1989 for promoting education among educationally backward minorities.
A bench headed by Chief Justice D Y Chandrachud was hearing an appeal against the Delhi High Court verdict upholding the Centre's decision to dissolve the MAEF on the grounds that almost all the nominated members of the governing body of the foundation are government officials. They did not belong to different walks of life as mandated, the plea alleged.
Solicitor General Tushar Mehta, appearing for the Centre, opposed the submissions that the members indulged in "colourable exercise of power" by dissolving the foundation.
The law officer said the nominated members belonged to various walks of life and were not ineligible either.
"What we can do is, instead of sending the matter back to the Delhi High Court, to ask you to reconstitute the (general) body. And, they can take a decision (whether to dissolve the foundation) afresh," suggested the bench which also comprised Justices J B Pardiwala and Manoj Misra.
The law officer said he will take instructions. The bench then listed the plea for hearing on August 14.
At the outset, the bench told senior advocate Anand Grover, appearing for petitioners including Syeda Saiyidain Hameed, that the resolution on dissolution of the foundation was passed by a "competent body".
The solicitor general said the foundation was "virtually dormant" and was not utilising funds either.
In April this year, the high court had dismissed the PIL against the decision of the MAEF and said it was taken by the general body. It had said the decision was "well considered" and the court was "not impressed" by the petitioners' objections.
"The decision to dissolve MAEF has been duly taken by the general body of the MAEF and this court finds no impropriety or irregularity in the process adopted by the general body in arriving at the said decision," the high court had said.
The petitioners had approached the high court earlier this year against the February 7 order of the Ministry of Minority Affairs which instructed the MAEF to carry out the closure process at the earliest and submit copy of the closure certificate issued by the Registrar of Societies of the Delhi government on completion of all procedures, according to extant laws.
The Centre had defended its decision in the court, saying the MAEF has become "obsolete" when there is a dedicated ministry holistically executing schemes for the benefit of the minorities.
The ministry's order was issued in reference to a proposal received from the Central Wakf Council on January 21 to close the MAEF.
The petitioners had said in their PIL that the ministry's order not only deprived the deserving students, especially girls, from availing the benefits of the schemes of the MAEF but is also without jurisdiction, completely mala fide, arbitrary and a colourable exercise by authorities.
The petition, filed through advocate Fuzail Ahmad Ayyubi, had claimed that such an "abrupt, opaque and completely arbitrary" decision to dismantle an almost four-decade-old institution and scavenge its assets and funds is bound to have an adverse impact on the lives of a number of students, schools and NGOs.
