Lagatar24 Desk
New Delhi: In a significant 4:3 majority ruling, a seven-judge Constitution Bench of the Supreme Court has overruled the Allahabad High Court’s decision in the S Azeez Basha vs Union of India case regarding the criteria for determining the minority character of an institution. This historic decision paves the way for Aligarh Muslim University (AMU) to potentially secure minority status.
The absence of minority status would compel AMU to implement state-mandated reservation policies for teachers and students, aligning with the practices of other public universities. If recognized as a minority institution, AMU would be able to reserve up to 50% of its seats for Muslim students. Currently, AMU does not adhere to state reservation policies but maintains an internal system, reserving 50% of seats for students from its own affiliated schools and colleges.
The question of AMU’s minority status has been a matter of legal contention for over five decades. In 1967, a five-judge Constitution Bench of the Supreme Court ruled that AMU was not a minority institution, citing that it was neither established nor managed by the Muslim community as required under Article 30(1) of the Constitution. The court referenced the Aligarh Muslim University Act of 1920, which founded the university.
An amendment to the Act in 1981 stated that AMU was “established by the Muslims of India.” In 2005, the university implemented a policy reserving 50% of seats in its postgraduate medical courses for Muslim students. This move was struck down by the Allahabad High Court, which also invalidated the 1981 amendment. The verdict was subsequently challenged in the Supreme Court, leading to this latest ruling.
