Delhi HC asks for Centre’s stand on plea challenging order to close MAEF

The Delhi High Court on Wednesday sought the Centre’s stand on a plea challenging an order of the Union Ministry of Minority Affairs instructing the Maulana Azad Education Foundation (MAEF), which provides assistance to students and infrastructural support through grant in aid, to take forward the process for its closure.

A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora was hearing a petition filed by a group of citizens who claimed that the ministry’s order was intended not only to deprive the deserving students, especially girls, of the benefits of the schemes of MAEF but was also without jurisdiction, completely malafide, arbitrary and a colourable exercise by authorities.

After the court sought to know the stand of the central government on the issue, the lawyer sought time to seek instructions from the authorities concerned.The bench then listed the matter for resumed hearing on Thursday.

The petitioners, represented by senior advocate Anand Grover, have challenged the February 7 order of the ministry, which has also instructed the MAEF, established in 1989, to take forward the closure process at the earliest and submit a copy of the closure certificate issued by the Registrar of Societies of the Delhi government on completion of the exercise.

The ministry’s order was issued pursuant to a proposal received from the Central Waqf Council (CWC) on January 21 to close the MAEF.Petitioners Syeda Saiyidain Hameed, John Dayal and Daya Singh said 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.

“What is even more worrying is the fact that while a process of dissolution of any society registered under the Societies Registration Act, 1860 is to be initiated by a proposal of three-fifth members of that society…, and its assets are to be transferred similarly to a similar society to be also determined by a vote of three-fifth member…., the office order dated February 7, 2024 not only dictates that the MAEF should dissolve itself but also predetermines that the remainder funds of the MAEF would be transferred to the Consolidated Fund of India and its fixed assets shall go to CWC.”

The plea, filed through advocate Fuzail Ahmad Ayyubi, said the decision was a “clear and abject” violation of the legal regime envisaged under the Societies Registration Act, 1860.It said neither the CWC has the power to submit a proposal to close the MAEF nor the Ministry of Minority Affairs has any jurisdiction to grant such an approval and mandate steps for the foundation’s closure.