AMU's minority status not affected by statutes, date of establishment or non-minority administrators: SC

Supreme Court Verdict

In a significant verdict, the Supreme Court has ruled that the Aligarh Muslim University (AMU) will continue to enjoy minority status despite changes in the relevant laws, its date of establishment, or the composition of its administrative bodies. The court held that the minority character of an educational institution is a fundamental right guaranteed under Article 30(1) of the Constitution and cannot be taken away by legislation or executive action.

The verdict came on a batch of petitions challenging the Allahabad High Court's 2006 judgment, which had held that AMU had lost its minority character after the enactment of the Aligarh Muslim University (Amendment) Act, 1981. The petitioners had argued that the 1981 Act had changed the composition of the AMU's governing body, making it non-minority in character.

Implications of the Verdict

The Supreme Court's verdict has far-reaching implications for the future of minority educational institutions in India. It menegaskan the principle that the minority character of an institution is determined by its original character and cannot be altered by subsequent legislation or administrative actions. This ruling will protect the rights of minority communities to establish and administer educational institutions that reflect their cultural and religious values.

The verdict also has implications for the ongoing debate over the reservation of seats in educational institutions for students from minority communities. The court's ruling makes it clear that minority educational institutions have the right to reserve seats for minority students, even if this means that non-minority students may be denied admission.

Background of the Case

The Aligarh Muslim University was founded in 1875 as the Muhammadan Anglo-Oriental College. In 1920, it was granted the status of a university by an Act of the British Parliament. The 1981 Act amended the AMU Act, 1920, and changed the composition of the university's governing body. The petitioners argued that this change had resulted in the loss of AMU's minority character.

The Supreme Court, however, rejected this argument, holding that the 1981 Act did not alter the fundamental character of AMU as a minority institution. The court noted that the university was founded by Muslims for the education of Muslims, and that its minority character had been recognized by successive governments.

The court also held that the composition of the university's governing body was not a determinative factor in determining its minority character. The court noted that the minority character of an institution is determined by its aims and objectives, and not by the composition of its governing body.

The Supreme Court's verdict is a landmark decision that will have a profound impact on the future of minority educational institutions in India. It reaffirms the right of minority communities to establish and administer educational institutions that reflect their cultural and religious values, and it protects the rights of minority students to access higher education.