Aligarh Muslim University Minority Status: SC overrules 1967 verdict that AMU cannot be considered minority institution
Pronouncing the majority verdict, Chief Justice D Y Chandrachud laid down tests for considering the issue of minority status of AMU.
The Supreme Court, in a Four:Three majority ruling, has deferred the decision on Aligarh Muslim University’s (AMU) minority status to a fresh bench, while also overturning the 1967 S. Azeez Basha vs Union of India judgment, which previously held that AMU may maybe now now not be thought about a minority institution since it changed into established by a central law. In handing over the bulk verdict, Chief Justice D. Y. Chandrachud outlined tests to assess AMU’s minority status. He stated that the case’s judicial records has to be presented to the Chief Justice of India to determine a fresh bench for examining the validity of a 2006 Allahabad High Court decision. This 2006 ruling had struck down the AMU (Amendment) Act of 1981, which had granted the institution minority status.
The Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, Surya Kant, JB Pardiwala, Dipankar Datta, Manoj Misra and SC Sharma changed into hearing a reference arising out of the 2006 verdict of the Allahabad High Court which held that AMU changed into now now not a minority institution. The bench heard the matter eight days ahead of reserving it on February 1.
The Four main aspects for consideration ahead of the bench were : (1) whether a University, established and governed by a statute (AMU Act 1920), can claim minority status; (2) The correctness of the 1967 judgment of the Supreme Court in S. Azeez Basha vs. Union Of India (5-judge bench) which rejected the minority status of AMU ; (Three) the character and correctness of the 1981 amendment to the AMU Act, which accorded minority status to the University after the decision in Basha; (Four) Whether reliance placed on the Basha decision by Allahabad High Court in AMU v. Malay Shukla in 2006 changed into correct in concluding that AMU being a non-minority institution may maybe now now not reserve 50% seats for Muslim candidates in Medical PG Courses.
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