CJI DY Chandrachud’s last working day to take historic decision in AMU case.
A seven-judge bench of the Supreme Court will today rule on the legal question of whether Aligarh Muslim University (AMU) can be considered a minority institution under Article 30 of the Constitution. The bench is headed by CJI DY. Chandrachud will do it. Today, November 8, is their last working day. In this case, it is believed that the CJI can take any important decision on the matter.
AMU’s case stems from the Allahabad High Court’s 2006 ruling, in which the court said AMU cannot be treated as a minority institution. If AMU does not receive minority institution status, it will have to implement a reservation policy for faculty and students like other public universities. If AMU gets the status of a minority institution, the university will be able to provide 50% reservation to Muslim students.
What was the decision in 1967?
Currently, the state government’s reservation policy does not apply to AMU, but the university has its own internal reservation policy in which 50% of seats are reserved for students studying in its affiliated schools and colleges. This issue has been decided by the Supreme Court. In 1967, S. In the case of Aziz Basha v. Union of India, a five-judge bench said that AMU cannot be treated as a minority institution.
The bench said AMU was neither established nor run by the Muslim community, citing the Aligarh Muslim University Act, 1920, which provides for minority educational institutions under Section 30(1).
Controversy increases
The AMU Act was amended in 1981 to say the university was “established by Muslims of India”, but in 2005 when the university claimed minority status, it reserved 50 per cent seats for Muslim students in postgraduate medical courses. The Allahabad High Court struck down this reservation policy and the 1981 amendment.
The court said AMU was not a minority institution. The decision was challenged in the Supreme Court and in 2019 the case was brought before a seven-judge bench to decide whether the S. Aziz Basha verdict warranted a retrial.
The central government protested
The central government withdrew the call in 2016 and now opposes AMU’s minority status. The government said AMU was never a minority institution. The center said the AMU was established under imperialist laws in 1920 and since then it is no longer run by the Muslim community.
Meanwhile, the petitioners say it does not matter who runs the university. He said that Article 30(1) gave freedom to minorities in administrative matters and this did not affect the minority status of the institution.
This decision will determine AMU’s future
The Supreme Court’s ruling today could be important for the future of AMU after the Center and the petitioners argued on the matter. If AMU is considered a minority institution, it would be a significant change because the university would have to follow retention policies that apply to other public universities.
It remains to be seen what the future holds for AMU after today’s decision and whether changes will be made to its reservation and other policies. This decision will not only shape the future of AMU but will also set an example for other institutions that call themselves minority institutions.
