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Tuesday, March 24, 2009

"Pick and Choose" Method Adopted by AMU VC: University Counsel Fails to Appear in Special Appeal Before Allahabad HC

In an interesting development, the Counsel for Aligarh Muslim University (AMU) failed to appear before the bench hearing the Special Appeal filed in the Hon'ble High Court at Allahabad by AMU itself on on 8.3.2009!
AMU had gone in for Special Appeal against the judgment of Hon’ble Justice Rakesh Tiwari of the Allahabad High Court delivered on 6/02/2009 wherein he had observed that the counsel for AligarhMuslim University could not show application of any judicious mind in “pick and choose" method adopted by him (Prof. P K Abdul Azis, Vice Chancellor, AMU) thus rendering the discretion exercised by the Vice-Chancellor unregulated and absolutely capricious and without reason. [Nishit Sharma (Minor) S/O Sri Prabhat Sharma Versus Vice Chancellor, AMU and others in CIVIL MISC. WRIT PETITION NO.61316 OF 2008; Disposed on 6/02/2009]

Justice Tiwari had noted that “Considering all the aforesaid aspects of the matter I am of the consideration that the petitioner has been discriminated by the Vice-Chancellor, who has exercised the powers delegated upon him by the Academic Council vide its resolution dated 31.1.92. The petitioner having obtained 39% marks under the category of Ward of Children of Alumni was entitled to be admitted in the University particularly when the last candidate admitted in the aforesaid category had obtained 35% marks in the entrance test. (It is to be noted that in the instant case all the information pertaining to the case was obtained through the use of Right to Information Act by the petitioner.)

Delivering his judgement Justice Towari directed that the “Vice-Chancellor shall grant admission to the petitioner irrespective of any other consideration in class XI Science ("PCB") stream forthwith within a period of one week from the date of production of a certified copy of this order.”

Sri Prabhat Sharma, Father of Master Nishit Sharma has sent a complaint to the Vice Chancellor on 21.03.2009 against the non-implementation of the judgment dt. 6.02.2009 of Allahabad High Court by AMU.

For complete correspondence related to similar, please do visit

For complete Writ and Judgement pl visit link given below:

Scans of the Order passed on 18.03.2009 by Hon'ble High Court on the Special Appeal and the letter of Shri Prabhat Sharma addressed to Prof P K Azis, Vice Chancellor, AMU are given below:

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