Aligarh Muslim University retains minority status: CJI Chandrachud on his last day
The Supreme Court has dismissed a plea by 66 students and alumni of Aligarh Muslim University (AMU) challenging the university's minority status.
The verdict was pronounced by Chief Justice of India (CJI) D.Y. Chandrachud on his last day in office before he retires.
The CJI-led bench, also comprising Justices M.R. Shah, Hima Kohli, and P.S. Narasimha, upheld the 2006 judgment of the Allahabad High Court, which had held that AMU was established as a minority institution under section 2(f) of the Aligarh Muslim University Act, 1920 and that it continues to retain its minority character.
The petitioners had argued that the university had lost its minority character over time as the Muslim population in the area had decreased and that the university now admitted students from all communities.
However, the Supreme Court rejected these arguments, holding that the minority character of an institution is determined at the time of its establishment and cannot be changed subsequently due to changes in the demographic composition of the area.
The court also noted that AMU was established with the specific objective of providing educational opportunities to the Muslim community, which was a backward class at the time of the university's establishment.
The court further held that the university's minority status does not violate the right to equality of non-Muslim students, as the minority institution status is recognized under Article 30 of the Constitution of India.
The verdict is a significant victory for AMU and the Muslim community, as it ensures that the university will continue to receive the benefits of minority status, such as the ability to reserve seats for Muslim students and to maintain its own distinct cultural and religious identity.
Key Points
- The Supreme Court has dismissed a plea challenging the minority status of Aligarh Muslim University (AMU).
- The verdict was pronounced by Chief Justice of India (CJI) D.Y. Chandrachud on his last day in office before he retires.
- The CJI-led bench upheld the 2006 judgment of the Allahabad High Court, which had held that AMU was established as a minority institution and continues to retain its minority character.
- The petitioners had argued that the university had lost its minority character over time, but the Supreme Court rejected these arguments.
- The court held that the minority character of an institution is determined at the time of its establishment and cannot be changed subsequently due to changes in the demographic composition of the area.
- The court also noted that AMU was established with the specific objective of providing educational opportunities to the Muslim community, which was a backward class at the time of the university's establishment.
- The court further held that the university's minority status does not violate the right to equality of non-Muslim students, as the minority institution status is recognized under Article 30 of the Constitution of India.
- The verdict is a significant victory for AMU and the Muslim community, as it ensures that the university will continue to receive the benefits of minority status.