The Allahabad High Court has refused to entertain a petition challenging demolition notices issued for several buildings at Mohammad Ali Jauhar University in Rampur, holding that the petition was not filed by a person legally authorised to represent the university. The Court made it clear that an educational institution can approach the judiciary only through its designated office-bearers or another duly authorised representative.
Allahabad High Court Rejects Plea Over Rampur University Demolition Notices
The legal dispute arose after the Rampur Development Authority (RDA) issued demolition notices to Mohammad Ali Jauhar University, alleging that 38 buildings on the campus had been constructed without the necessary approvals. The authority directed the university management to remove the structures within the prescribed period, failing which demolition proceedings would be initiated.
A writ petition was subsequently filed before the Allahabad High Court seeking to challenge these demolition notices and halt any coercive action.
Court Questions the Maintainability of the Petition
When the matter came up for hearing before Justice Saurabh Shyam Shamshery, the Uttar Pradesh government raised a preliminary objection regarding the maintainability of the petition.
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The State argued that the petition had been filed by Mohammad Yusuf, who described himself as a businessman and the university’s pairokar (pleader). According to the State, Yusuf was neither the Registrar nor any authorised office-bearer of the university and therefore lacked the legal authority to institute proceedings on behalf of the institution.
The government submitted that a university, being a legal entity, must be represented through its competent officials or a person specifically authorised by its governing body. An outsider, it argued, cannot invoke the Court’s jurisdiction in the institution’s name.
High Court Accepts the State’s Objection
After considering the preliminary objection, the High Court agreed with the State’s submissions.
The Court declined to examine the merits of the demolition notices and dismissed the petition on the ground that it had not been filed by a legally competent person. It observed that judicial proceedings involving the university should be initiated only through an authorised representative, not by an individual without official status.
As a result, the Court did not express any opinion on whether the demolition notices were legally valid.
Proceedings Before Other Authorities Continue
The High Court also noted that the proceedings concerning the demolition notices were already pending before the appropriate authority and should continue in accordance with law.
Meanwhile, in a separate development, the Moradabad Divisional Commissioner’s Court granted interim relief by staying the proposed demolition of the 38 buildings until the matter is finally decided. This temporary protection means that no demolition can take place until further orders from the Commissioner.
Background of the Dispute
Mohammad Ali Jauhar University has remained the subject of multiple legal controversies in recent years, particularly over issues relating to land, construction approvals and regulatory compliance. The latest dispute concerns the legality of several campus structures that the Rampur Development Authority claims were built without the required permissions.
Significance of the Judgment
The High Court’s decision reinforces an important procedural principle: institutions such as universities must be represented in court only through authorised officials or persons legally empowered to act on their behalf. Without proper authority, a petition can be rejected at the threshold, irrespective of the merits of the underlying dispute. The ruling leaves the substantive issues surrounding the demolition notices to be addressed before the competent authorities in accordance with the applicable legal process.