Delhi High Court
Asad Mueed vs Jamia Hamdard (Deemed ... on 27 May, 2019
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 27th May, 2019
+ LPA 374/2019
ASAD MUEED ..... Appellant
Through: Mr.P.S.Patwalia, Senior Advocate
with Mr. Simran Mehta and Mr.
Kshitij Mudgal, Advocates
versus
JAMIA HAMDARD (DEEMED UNIVERSTIY) & ORS
.....Respondents
Through: Mr. Sarwar Raza and Mr.S.Ahmad,
Advocates for respondents No.1 & 2
Mr. Arun Bhardwaj, Senior Advocate
with Mr. Shreyans Singhvi and Ms.
Ekta Mehta, Advocates for respondent
No.3
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE JYOTI SINGH
G.S. SISTANI, J. (ORAL)
1. The appellant is aggrieved by the order dated 22nd May, 2019 passed
by the learned Single Judge, which has led to the filing of the present appeal.
Three reliefs were sought in an application seeking interim relief, which was
filed alongwith the writ petition, which are as under: -
a. Pass an ad-interim ex-parte order thereby staying the
operation of the impugned notification dated 17.05.2019
issued by the Registrar of Respondent No.l on behalf of
Respondent No.2 which illegally accepts the
recommendation of Respondent No.3 by Respondent'No.2;
AND
b. Pass an ad-interim ex-parte, order thereby restraining the
Respondents from holding the 59th meeting of the Finance
Committee scheduled for 22.05.2019; AND
c. Pass an ad-interim ex-parte order thereby restraining the
Respondents No.2 from acting on the instructions/
recommendation of Respondent No.3"
2. While the second relief was declined for the good reasons and was not
opposed, Mr. Patwalia, learned senior counsel appearing for the appellant, is
however, aggrieved by the learned Single Judge not granting any protection
with regard to reliefs 'A' and 'C'.
3. Mr. Arun Bhardwaj, learned senior counsel, on instructions, has
entered appearance on behalf of University as also on behalf of respondents
No.1, 2 & 4.
4. After obtaining instructions, Mr. Bhardwaj points out that a meeting is
fixed today with the following Agendas: -
ITEM ITEM
NO.
1 To approve the Minutes of the 58th Meeting of the
Finance Committee of Jamia Hamdard held on
20/03/2019.
2 To approve the Minutes of the 59th Meeting of the
Finance Committee of Jamia Hamdard held on
22/05/2019.
3 To discuss the status of Hamdard Institute of
Medical Sciences & Research (HIMSR) in the
light of legal opinion obtained from Hon'ble
Justice Aftab Alam, former Judge of Supreme
Court of India
4 Any other item(s) with the permission of the chair.
5. Mr. Bhardwaj further submits that as far as Agenda No.1 is concerned,
that pertains to approving the Minutes of the 58th Meeting of the Finance
Committee held on 20th March, 2019, to which Mr. Patwalia, submits that he
would have no objection.
6. Mr. Bhardwaj submits that as far as Agenda Items No.2 & 3 are
concerned, the same will be deferred, subject to the condition that an early
date may be fixed before the learned Single Judge for hearing the writ
petition or at least the stay application.
7. Accordingly, we dispose of this appeal. We request the learned Single
Judge to take up the writ petition or at least the application for stay, on 17 th
July, 2019. In the meanwhile, pleadings in the writ petition shall be
completed.
8. The order of 22nd May, 2019 stands varied in the above terms.
9. The order will be communicated to the Board.
10. The respondents shall remain bound by the statement made on their
behalf in Court today.
11. The appeal stands disposed of in the above terms.
CM APPLNs.26021-22/2019 and 26067/2019
The applications also stand dismissed as infructuous in view of the
order passed in the appeal.
G.S. SISTANI, J
JYOTI SINGH, J
MAY 27, 2019
s
