The decision whether Aligarh Muslim University (AMU) will get minority status or not has been left to a three-judge bench of the Supreme Court. On Friday, the Supreme Court, overturning its own 57-year-old decision, opened the door for AMU to once again gain minority institution status. This decision has been issued by the Constitutional Chamber of the Supreme Court. This court was made up of 7 judges, of which 4 issued a verdict in favor and 3 against. Given this decision, the case has been referred to the ordinary chamber of 3 judges. Now the new court will investigate who was the “mind” behind the establishment of AMU, whether minorities created it and what its objective was. The Supreme Court said that if it is found that the university was established by a minority community, then the institution can claim minority status under Article 30.
Actually, Aligarh Muslim University was established in the year 1875 by Sir Syed Ahmed Khan as ‘Aligarh Muslim College’. Later in the year 1920, it got the status of a university and was named “Aligarh Muslim University”. Legal challenges to the amendments made to the AMU Act, 1920 in 1951 and 1965 gave rise to this controversy.
The Supreme Court changed a 57-year-old decision
In the year 1967, in Aziz Basha v. Union of India, the then Supreme Court bench had said that since the university was established under a central law, it could not be said to be established by a minority community. , so in this case On this basis it was declared a minority community. No status was granted.
It gained minority institution status in 1981.
This followed a writ petition in the Allahabad High Court and later in the Supreme Court following the controversial move by officials of the Ministry of Human Resources and Development (MHRD) of the Aligarh Muslim University (AMU) to reserve 50 % of places in university postgraduate courses. for Muslims. A special license petition was filed. The Muslim community held protests across the country, so in 1981 an amendment was passed in Parliament granting minority status to AMU.
Minority status was removed in 2005
In the year 2005, some AMU students approached the Allahabad High Court, which raised questions over the grant of 75 per cent reservation to Muslims. In 2005, the Allahabad High Court struck down the AMU Amendment Act, 1981, declaring it unconstitutional. In 2006, the central government challenged the decision of the Allahabad High Court in the Supreme Court. Then in 2016, the Center said in its appeal that the establishment of a minority institution is contrary to the principles of a secular state. In the year 2019, a three-judge bench headed by then CJI Ranjan Gogoi had sent the case to a seven-judge bench, on which the decision was taken today. Please let us know what the benefit will be if AMU gains minority status.
Institutions with minority status enjoy many special rights ranging from the admission process, separate quotas for Muslim students, hiring of employees to financial assistance. If AMU is declared a minority institution, it will also get privileges.
What guidelines apply in minority educational institutions?
Yo. Admission will be on the basis of merit based on the Common Entrance Test conducted by the competent authority.
ii. Of the total seats authorized in a course, 50 percent of the seats will be occupied by candidates from other communities.
III. The remaining 50% seats will be filled by candidates from the minority community on the basis of merit in the common entrance test.
IV. 50 percent of the seats earmarked for minority communities and other communities will be equally distributed between free seats and paid seats and will be filled on the basis of merit.
v. Any reservation of seats determined by the competent authority will also apply to the free places available for minority communities.
vi. The seats that remain vacant in the minority quota will be occupied by candidates from other communities.
vii. All admissions will be made on the basis of merit as per the Common Entrance Test conducted by the competent authority. No admission will be made outside the merit list unless permission is granted by the competent authority.
Privileges granted to minority educational institutions
Minority educational institutions in India enjoy certain privileges. These privileges are granted under Article 30 of the Constitution, which grants minorities the right to establish and manage their own educational institutions.
No government recognition required: Minority educational institutions are not required to seek special recognition from the government. These institutions can set their own rules and regulations (N.Ammad vs. Manager, MJ High School and Ors).
Reservation Policy Exemption: These institutions are not required to reserve seats for students from scheduled castes, scheduled tribes and other backward classes, as other educational institutions are required to do.
Reservation for the community: These institutions can reserve a maximum of 50% of places for students from their community.
Autonomy in the appointment of employees: Minority institutions have more autonomy in appointing teachers and directors. They can prioritize members of their community. For example, in the selection of professors and principals, a minority educational institution may have a selection committee, which does not include representatives of the university. Similarly, while in general schools principals are generally appointed based on seniority, minority principals can choose the principal of their choice.
Ease of establishment of the institute: The process of creating minority institutions is simple. The NCMEI Amendment Bill gives the right to establish a minority educational institution and not have to wait long to obtain a “No Objection Certificate” to establish a minority educational institution.
Greater membership autonomy: Minority institutions have the right to affiliate with any of the six prescribed universities.
financial assistance
Minority institutions can be self-financing or receive aid from the government. Additionally, the National Minority Development Finance Corporation (NMDFC) provides financial assistance to promote the economic development of minority communities. The National Minority Development Finance Corporation (NMDFC) was created by the Government of India to pay “special attention to the economic development of minorities”. Under the National Commission for Minorities Act, 1992, people from five communities i.e. Muslims, Christians, Sikhs, Buddhists and Parsis have been declared as minorities.
The goal of NMDFC is to provide concessional financing for self-employment to minorities living twice below the poverty line. NMDFC functions under the administrative control of the Ministry of Social Justice and Empowerment, Government of India. The authorized share capital of NMDFC is Rs 500 crore. The paid up share capital (as on 31/03/2003) was Rs 318.21 million, of which Rs 258.42 million are contributed by the Government of India and Rs 59.79 million by the administrations of various state governments and union territories.
Despite these privileges, minority educational institutions also have to follow certain rules and regulations, such as providing standard education and ensuring the welfare of students.
