CJI DY Chandrachud’s last working day can take a landmark decision on the AMU case.
A seven-judge bench of the Supreme Court will today give its verdict on a legal issue whether Aligarh Muslim University (AMU) can be considered a minority institution under Article 30 of the Constitution or not. This bench is headed by CJI DY Chandrachud will. Today, that is, November 8, is your last working day. In such a situation, it is believed that the CJI can take any important decision in this regard.
This AMU case arose from the decision taken by the Allahabad High Court in 2006, in which the court said that AMU cannot be considered a minority institution. If AMU does not get minority institution status, it will have to implement reservation policies for faculty and students like other public universities. If AMU gets the status of a minority institution, then this university will be able to offer 50% reservation for Muslim students.
What was the decision in 1967?
Currently, the state government’s reservation policy is not applicable in AMU, but the university has its own internal reservation policy, according to which 50% of the seats are reserved for students who have studied in its affiliated schools and colleges . This issue has already been resolved by the Supreme Court. In 1967, s. In Aziz Basha vs Union of India, a five-judge bench had said that the AMU cannot be considered a minority institution.
The judge had cited the Aligarh Muslim University Act, 1920 to say that the AMU was neither established by the Muslim community nor run by the Muslim community, which provides for educational institutions for minorities as provided in Article 30 (1).
The controversy increased
The AMU Act was amended in 1981, stating that the university was “established by the Muslims of India”, but in 2005, when the university claimed its minority status, it reserved 50% of places for Muslim students in postgraduate courses. in medicine. The Allahabad High Court had rejected this reservation policy and the 1981 amendment.
The court said AMU is not a minority institution. This decision was challenged before the Supreme Court and in 2019, the case was referred to a seven-judge bench to decide whether S. Is the judgment given in the Aziz Basha case worth revisiting or not?
The central government protested
The central government, which withdrew from this call in 2016, now opposes AMU’s minority status. The government says the AMU was never a minority institution. The Center says that when the AMU was created in 1920, it was done under an imperialist law and since then it has not been led by the Muslim community.
At the same time, the petitioners claim that it does not matter who runs the university. It says that Article 30 (1) gives freedom to minorities in matters of administration and does not affect the minority status of the institute.
The decision will decide the future of AMU
After discussions on this matter between the Center and the petitioners, today’s decision by the Supreme Court could be important for the future of AMU. If AMU is considered a minority institution, it would be a major change as the university would have to follow reservation policies, which are applicable in other public universities.
After today’s decision, it remains to be seen what the future of AMU will be and whether it will make changes 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 claim to be minority institutions.
