This is not the Union Ministry of Human Resource and Development (MHRD) or the minister Kapil Sibal behind the delay in AMU Kishanganj approval and token budget release. In fact, this is the Union Ministry of Law and Justice, which has put a hold on the AMU Kishanganj related proceedings. This important and less known reason behind the unprecedented delay is revealed through Right to Information Act filed by Delhi based NGO Human Chain in the MHRD office. In reply to RTI of Human Chain the MHRD says that it has sent a letter (note No. 3-9/2008 – Desk (U) (Part) to President’s Secretariat on April 16, 2012 asking for the approval of President, as Visitor of Aligarh Muslim University. In the same letter the Minister of HRD itself had given green signal to proposal for establishment of Aligarh Muslim University (AMU) Centre at Kishanganj, Bihar said Mohammad Aslam, the President of Human Chain.
The President’s Secretariat sent a reply to MHRD through a letter (ID. No. 28 (1) (ii) / 2012-CA (II) on June 6, 2012 with its suggestion ‘since the matter is both sensitive and subjudice, it may be desirable to obtain the views of the Law Ministry whether we may proceed without awaiting further directions of the Court.” The HRD Ministry had forwarded the matter to Law Ministry mentioning that a Writ Petition (No 5329/2010) is filed by filed by Jainarayan Kumar in the Supreme Court challenging the establishment of AMU Centre at Kishanganj. This matter was listed before the Supreme Court on February 6, 2012. The Ministry had also mentioned the provision contained in AMU Act with regard the establishment of the University Centres as per Section 12 (2).
Since there was no stay in the Writ Petition filed before the Supreme Courth, the Ministry of HRD had recommended the Law Ministry to give clean chit to the proposal of establishment of AMU Centre at Kishanganj on the lines of Centres of AMU already opened at Murshidabad (West Bengal) and Mallapuram (Kerala). The Law Ministry had sent a reply to the MHRD on June 28, 2012 with its comment ‘since the issue with the regard to the powers of the University to open new center in Kishanganj, Bihar is sub-judice before the Supreme Court’ it would be advisable to await the outcome of SLP pending before the Court’.
In the meantime on July 11, 2012 the Supreme Court had heard the Writ Petition and advised the Petitioner to delete the name of Chancellor, as one of the Respondents and send a compliance to the Court by August 16, 2012 for further hearing. On July 12, 2012 the MHRD again written a letter to Law Ministry and asked to sent a reply the Prime Minister’s Office on the legal aspect of issue for delay in approval. The PMO had received the same suggestion from Law Ministry to put a hold on the issue till any judgment comes from Supreme Court.
Human Chain society which is following the issue of AMU Kishanganj for past a couple of years had already verbally received the information from MHRD and Law Ministry. In order to provide the credibility to the information the NGO had filed an RTI in the ministry of HRD, said the Human Chain PRO Mohammad Mudassir Alam. It is really surprising that when the Minister of Law and Justice Salman Khurshid was asked about the communication among MHRD and his ministry he had totally denied that same, mentioned the PRO. Only after giving the reference of documental proofs the Law Minister admitted that the communication might had happened without his knowledge and he will look into the issue, added Mudassir.
Human Chain society is highly upset after knowing the fact behind the delay in establishment of AMU Kishanganj Centre. The President of society said that people of Seemanchal was blaming the Ministry of HRD behind the delay as they were totally unaware of the truth but the Law Ministry officials have taken one-sided decision without consulting the Minister. The centres of AMU at Murshidabad and Mallapuram are already functioning for past two years, why the Law Ministry had not suggested the President of India or PMO to close those centres if they are not abiding the law of country and needs court’s intervention. The society has requested the petitioner to withdraw the PIL from Supreme Court as AMU Kishanganj Centre will open the windows of opportunities in various sectors for people of Bihar and rest of the country.
