New Delhi
The Delhi High Court on Wednesday sought response from the Central government on a plea challenging the decision of the Ministry of Minority Affairs which has approved the proposal of Central Waqf Council to close the Maulana Azad Education Foundation (MAEF).
A government-funded organisation, the MAEF had played pivotal role in disbursing funds, especially for education, particularly through schemes like the Maulana Azad National Fellowship, which was already discontinued by the Centre in 2022.
The division bench of acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora asked the government counsel to obtain instruction from the same and the matter will be heard again on March 7.
The matter pertains to a plea filed by a group of citizens who termed the discontinuation of the MAEF as completely mala fide, arbitrary, and a colourable exercise of authority. The petitioners have also submitted that the shutting down of the MAEF will deprives the deserving and meritorious students, especially girls, from availing the scholarships given under the schemes.
The petitioners also added that in the process of dissolution was not followed in case of shutting the MAEF as the minority ministry dictated that the remaining funds should go to the CWC and not to a similar society.
“....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 as per Section 13 of the Act. Also, its assets are to be transferred similarly to a similar society to be also determined by a vote of three-fifth members as per Section 14. The office order dated 07.02.2024 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, in a clear and abject violation of the legal regime envisaged under the Societies Registration Act, 1860,” the plea stated.
