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A seven-judge bench of the Supreme Court will today pronounce its verdict on a legal question whether Aligarh Muslim University (AMU) can be considered a minority institution under Article 30 of the Constitution or not? This bench will be headed by CJI DY Chandrachud. Today, i.e. 8 November, is his last working day. In such a situation, it is believed that the CJI can take an important decision on this matter.
This case of AMU has arisen from the decision given by the Allahabad High Court in 2006, in which the court had said that AMU cannot be considered a minority institution. If AMU does not get the status of a minority institution, then it will have to implement reservation policies for teachers and students like other public universities. On the other hand, if AMU gets the status of a minority institution, then this university will be able to give 50% reservation to Muslim students.
What was decided in 1967
At present, AMU does not have the state government’s reservation policy, but the university has its own internal reservation policy, under which 50% of seats are reserved for students who have studied in its affiliated schools and colleges. This issue has been decided by the Supreme Court earlier. In 1967, a five-judge bench in S. Aziz Basha versus Union of India held that AMU cannot be treated as a minority institution.
The judge cited the Aligarh Muslim University Act, 1920, to hold that AMU was neither established nor administered by the Muslim community, which is a requirement for minority educational institutions under Article 30(1).
The controversy kept growing
The AMU Act was amended in 1981, stating that the university was ‘established by the Muslims of India’, but in 2005 when the university reserved 50% of the seats for Muslim students in postgraduate medical courses claiming minority status, the Allahabad High Court struck down this reservation policy and the 1981 amendment.
The court said that AMU is not a minority institution. This decision was challenged in the Supreme Court, and in 2019 the matter was referred to a seven-judge bench to decide whether the decision given in the S. Aziz Basha case is reviewable or not?
The central government opposed
The central government has now opposed the minority status of AMU, withdrawing from this appeal in 2016. The government says that AMU was never a minority institution. The Center says that when AMU was established in 1920, it was done under an imperialist law, and since then it has not been governed by the Muslim community.
At the same time, the petitioners say that it is not important who administers the university. They say that Article 30 (1) gives freedom to minorities in matters of administration and it does not affect the minority status of the institution.
The decision will decide the future of AMU
After arguments in this matter between the Center and the petitioners, today’s Supreme Court decision can be important for the future of AMU. If AMU is considered a minority institution, it will be a big change, as it will have to follow the reservation policies in the university, which are applicable in other public universities.
After today’s decision, it will be seen what will be the future of AMU and whether it will change its reservation and other policies. This decision will not only shape the future of AMU, but it will also set an example for other institutions that claim to be minority institutions.
