The Centre withdrew the plea filed in the Supreme Court by the previous UPA government which said that Aligarh Muslim University (AMU) is not a minority institution. Along with this letter, any other letter issued by the Ministry of Human Resource Development (MHRD) supporting the minority status of AMU are withdrawn by the Modi Government. Aligarh Muslim University to lose minority Aligarh Muslim University to lose minority
The University’s identity is a sensitive political issue in Uttar Pradesh, where this government-run institution was discriminating against the rights of Scheduled Castes, Scheduled Tribes and Other Backward Classes by using the minority tag. The institution doesn’t offer quotas to these communities.
The outcome of the case can also help in a similar legal battle in the Delhi High Court, where Jamila Milia Islamia University was given a minority tag during the UPA government in 2011.
The new Modi government claims that giving AMU and Jamia Milia Islamia University a minority tag is illegal and unconstitutional as the constitution does not permit secular India to set up and fund institutions on religious lines.
The university currently has fifty percent reservation for internal students, irrespective of their religion.
In 2006, the UPA government and AMU appealed against the Allahabad High Court verdict that struck down a 1981 parliamentary amendment to grant the university minority status. Attorney General Mukul Rohatgi has cleared that the appeal was withdrawn only on the behalf of Centre and not AMU. Thus the court will be left with AMU’s petition to decide. The three-judge SC bench hearing the case has permitted fresh interventions in this case. The bench is likely to refer the matter to a constitution bench.
During the hearing of a case in April, CJI TS Thakur wondered if a central university could be a minority institution. “We can understand a school or college being a minority institution.” CJI Thakur had said.