Centre not in favour of granting minority status to AMU

The NDA government on Monday made it clear before the Supreme Court that it was not in favour of granting minority status to Aligarh Muslim University (AMU).

Attorney General Mukul Rohatgi submitted before a three-judge bench presided over by Justice J S Khehar that the government is going to withdraw the appeal filed by the previous UPA government challenging Allahabad HC order, holding the AMU as a non-minority institution.

The assertion by the top law officer came even as a different bench presided over by Chief Justice T S Thakur questioned if a university itself be termed as a minority institution, while hearing a plea challenging appointment of Zameer Uddin Shah as AMU Vice Chancellor. “Can a University be called as minority, we can understand it in case of an institution and college,” the bench, also comprising Justice U U Lalit, said. 

“I changed my mind two months ago. We are going to withdraw the appeal,” Rohatgi submitted, adding, the government is going to distance itself from the AMU's claim for minority status.

He said the AMU was set up by the Central Act (1920) and a five-judge Constitution bench of the Supreme Court had in Aziz Basha judgement (1967) held it as a “central universitry” and not a minority institution.

Rohatgi said 20 years later, an amendment was brought in 1981 to accord the university minority status which was held as unconstitutional by the Allahabad High Court in 2006. The high court’s order affected 50 per cent reservations to Muslims in admission in the varsity courses.