M A I N   N E W S

AMU to stay minority institution, says SC

New Delhi, April 24
The Aligarh Muslim University (AMU) will continue to be a minority institution in terms of the 1981 constitutional Amendment.

A Bench comprising Mr Justice K.G. Balakrishnan and Mr Justice D.K. Jain while issuing notices on a petition filed by the AMU and the Centre to the respondents referred the matter to a five-judge Constitution Bench.

The Supreme Court, while admitting the petition filed by the AMU and the Centre, directed that the status of the AMU as on the date of filing of the writ petition in the Allah bad High Court would continue till further orders.

Earlier, senior counsel Soli Sorabjee and Rajiv Dhawan, appearing for the university, pleaded that the impugned Allahabad High Court order sought to do away with the minority character of the institution, which it had been enjoying since its inception in 1920.

The petitioner counsel also pleaded that the AMU had started several theological courses and if the operation of the impugned High Court judgement was not stayed it would create other problems for the AMU. The petitioners also pleaded that the very name Aligarh Muslim University suggested that it was a minority institution.

The court, however, directed that the condition of reservation of 50 per cent seats for Muslim students in the AMU would not be implemented for the academic year 2006-07. Counsel for the respondent students Naresh Agrawall and others, however, pleaded before the High Court even the minority status of the university was under challenge.

The respondent also pleaded that the 1981 Amendment was aimed at circumventing earlier Supreme Court order holding that the AMU was not a minority institution as a Central Act of legislation had set it up.

Additional Solicitor General Gopal Subramanyam appearing for the Centre, however, supported the AMU’s stance saying if the impugned order was not stayed whatever status the AMU had been enjoying till 1981, when Parliament enacted constitutional Amendment, would come to naught.

Following the Allahabad High Court judgement, protests were organised by several bodies, including a strike at the AMU.

The Supreme Court had restored its minority institution status by directions that it would continue to enjoy the status on the date of filing of writ petitions in the High Court.

The Court referred the matter to the Chief Justice for allocating it to a larger Bench.