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Allahabad High Court gives relief to former cabinet minister Azam Khan in connection with sealing of Jauhar Research Institute

The Allahabad High Court has given relief to former cabinet minister Azam Khan while hearing the petition filed in connection with the sealing of the Jauhar Research Institute building in Rampur by the district administration. 

The Court has said that no interference should be done during the examination of the students of the institute.

The Division Bench of Justice Surya Prakash Kesarwani and Justice Anish Kumar Gupta passed this order while hearing a petition filed by Executive Committee Maulana Mohammad Ali Jauhar Trust.

The writ petition has been filed praying for the following reliefs:

“(I) Issue a writ, order or direction in the nature of Certiorari quashing the impugned Office Memorandum dated 31.01.2023 issued by the Respondent No 2, a copy whereof is annexed as Annexure-1 to the instant Writ Petition.

(II) Issue a Writ, order or direction in the nature of Certiorari quashing the impugned order dated 31.01.2023 passed by the Respondent No. 3, a copy whereof is annexed as Annexure-2 to the instant Writ Petition.

(III) Issue a Writ, order or direction in the nature of Certiorari quashing the impugned notice dated 15.02.2023 issued by the Respondent No 7, a copy of which is annexed as Annexure-3 to the instant Writ Petition.

(IV) Issue a Writ, order or direction in the nature of Mandamus commanding the Respondents not to take any coercive measure against the Petitioner trust on the strength of impugned office memorandum dated 31.01.2023, impugned order dated 31.01.2023 as well as the impugned notice dated 15.02.2023 issued by the Respondent No 7.

(V) Issue such other Writ, order or direction as the Court deems fit and proper in the circumstances of the case.”

Additional Advocate General stated that the Advocate General shall argue this case, who is not available and, therefore, the matter may be taken up on Tuesday i.e, 21.03.2023.

Shashi Nandan, Senior Advocate for the petitioner submitted that he is not opposing the adjournment but the difficulty is that the internal examination of students of the institution from Class 1 to 9 and Class 11 are going on, which shall conclude on 18.03.2023 and, therefore, till the examination is concluded, no interference may be made.

Ajit Kumar Singh, Additional Advocate General states on instructions that class rooms required for internal examination of students on 17.03.2023 and 18.03.2023 shall be opened and no interference in the class rooms shall be caused by the State-respondents during the course of conduct of the examination i.e, from 6 A.M to 3 P.M on both days.

In view of the fair stand taken by the Additional Advocate General, no further order is required to be passed at this stage, the Court said.

The Court directed that the State-respondents shall abide by the statement made by the Additional Advocate General, as aforenoted. This order shall be communicated today by the Additional Advocate General to the respondents, who shall ensure compliance of the order.

The Court has fixed the next hearing of the petition on March 21, 2023.

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