New Delhi
On Wednesday, the Delhi High Court requested a response from the Central government regarding a petition challenging the Ministry of Minority Affairs’ approval of the Central Waqf Council’s proposal to shut down the Maulana Azad Education Foundation (MAEF).
The MAEF, a government-funded organization, has been instrumental in allocating funds, notably for educational purposes, such as through initiatives like the Maulana Azad National Fellowship, which was terminated by the Centre in 2022. Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora’s division bench directed the government counsel to seek instructions on the matter. The case is scheduled to be heard again on March 7th.
The case revolves around a petition filed by a group of citizens who characterize the discontinuation of the MAEF as wholly mala fide, arbitrary, and an abuse of authority. The petitioners argue that the closure of the MAEF will deny deserving and meritorious students, especially girls, access to scholarships provided under its schemes.
The petitioners further contend that proper dissolution procedures were not followed in the closure of the MAEF, as the Minority Ministry directed that the remaining funds should be transferred to the CWC instead of a similar society.
The plea argues that according to the Societies Registration Act, 1860, the dissolution process of any registered society requires a proposal from three-fifths of its members, as outlined in Section 13 of the Act. Additionally, the transfer of its assets should be determined by a similar vote of three-fifths of its members, as per Section 14. However, the office order dated 07.02.2024 not only mandates the dissolution of the MAEF but also pre-determines that its remaining funds will be transferred to the Consolidated Fund of India and its fixed assets to the CWC. This, the plea contends, violates the legal framework established under the Societies Registration Act, 1860.
