IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16556 of 2010 1. ABHINAV MODI S/O LATE PRAHLAD PRASAD MODI R/O DHARMSHALA ROAD, KISHANGANJ, P.S. & DISTT-KISHANGANJ (BIHAR), 2. JAI NARAYAN KUMAR S/O SRI SARYUG YADAV R/O VILL CHHOTI RANI, SAKARPURA, P.O. RANI SAKARPURA, P.S. KHAGARIA DISTT-KHAGARIA(BIHAR). ……Petitioners. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, 2. THE SECRETARY, HUMAN RESOURCE DEVELOPMENT, GOVT. OF BIHAR, PATNA, 3. THE CHANCELLOR, ALIGARH MUSLIM UNIVERSITY, ALIGARH (U.P.) 4. THE VICE CHANCELLOR, THE ALIGARH MUSLIM UNIVERSITY ALIGARH-202002,(U.P.), 5. THE REGISTRAR, ALIGARH MUSLIM UNIVERSITY, ALIGARH- 202002, 6. THE UNION OF INDIA, THROUGH ITS SECRETARY, HUMAN RESOURCES DEVELOPMENT, SHASTRI BHAWAN, NEW DELHI- 1. ……..Respondents. For the Petitioners : Mr. Ram Suresh Roy, Sr. Advocate. For the State : Mr. Siddharth Prasad, AC to AAG-4. For the Union of India & Aligarh Muslim University: Mr. Md. Nadim Seraj, Advocate. ………..... 5 17.01.2011 Heard learned counsel for the petitioners, learned counsel for the State of Bihar and learned counsel representing Union of India as well as Aligarh Muslim University. This writ petition has been preferred by the petitioners by way of Public Interest Litigation seeking intervention of this Court with the decision of the Aligarh Muslim University and the State of Bihar to open a centre of 2 Aligarh Muslim University at a suitable place in the State of Bihar. It is submitted on behalf of the petitioners that Aligarh Muslim University Act, particularly, sub-section (9A) of Section 5 of the said Act mandates the University to be located within twenty five kilometers of University mosque at Aligarh and hence the decision of the University and other authorities to have a centre of the University in other States contravenes the Aligarh Muslim University Act. Secondly, the decision has been severely criticized on the ground that the location of the University in State of Bihar at Kishanganj which is quite close to the Bangladesh border is fraught with danger to national interest and public interest. On behalf of Union of India and the University, our attention was drawn to a Division Bench order of Kerala High Court passed on 7th of July, 2010 in WP(C) No.15091/2010 to submit that the Kerala High Court did not find merit in the submission based on Section 5 of the Aligarh Muslim University Act and refused interim relief by pointing out Section 12(2) of the Act which permits the University to establish and maintain special centres etc. with the sanction of the visitor and subject to the statutes and ordinances. Besides, the aforesaid order of Kerala High Court, which was 3 of course in context of interim relief only, the learned counsel for the Union of India and the University has also placed reliance upon a Division Bench judgment of Allahabad High Court in Public Interest Litigation (PIL) No.33872 of 2010. That judgment/order dated 07.10.2010 considered a similar Public Interest Litigation and dismissed the same by holding that the same could not be maintained as a Public Interest Litigation. However, Allahabad High Court clarified that if any aggrieved person having a locus, files a proper writ petition, the dismissal of Public Interest Litigation shall not come in his way and shall not cause any prejudice to him. There may be a scope to make further probe into the submission based upon Section 5(9)(A) of the Aligarh Muslim University Act but we are in agreement with the views of the Allahabad High Court that such an issue as raised in this writ petition should not be entertained by way of Public Interest Litigation. Hence the first issue is not found to have any merit so far as maintenance of this writ petition as Public Interest Litigation is concerned. So far as the location of the University is concerned, learned counsel for the Union of India and the University has submitted that the University had proposed to establish a 4 Centre at Katihar, taking relevant facts into consideration, the State of Bihar proposed that the centre should be at Kishanganj and hence that decision has been finally accepted. In our considered view, the location of a University or an educational institution depends upon the policy of the State Government and of the University and in such matters, this Court should not intervene unless it can be demonstrated that impugned policy violates any constitutional provision. In that view of the matter also, we find no merit in this writ petition. The writ petition is, therefore, not found fit to be entertained as a Public Interest Litigation and it is, accordingly, dismissed. As observed by the Division Bench of Allahabad High Court, we make it clear that if any aggrieved person having a locus, files a proper writ petition alleging violation of any fundamental or other right then the dismissal of this Public Interest Litigation will not stand in his way and shall not cause any prejudice to him. Sanjay-II (Shiva Kirti Singh, J) ( Dr. Ravi Ranjan, J)