New Delhi [India], November 8 (ANI): After Supreme Court’s decision to overrule the S Azeez Basha versus Union of India case which in 1967 held that since the Aligarh Muslim University was a Central university, it cannot be considered a minority institution, Lawyer and petitioner Shadan Farasat stated that it is “very likely” that AMU as an institution, as it exists, is going to meet all those requirements which have been laid down by the court to be a minority institution.
“Given the nature of the test which has been espoused by the majority today, it is quite likely that AMU as an institution, as it exists, is going to meet all those requirements which have been laid down by the court,” Shadan Farasat said while speaking to media persons outside Supreme Court after the verdict.
The apex court by 4:3 majority verdict earlier today said the issue of AMU minority status to be decided by a regular three-judge bench.
The bench said that in order to determine whether an institution is a minority institution, what needs to be looked at is who established the institution.
Describing the verdict, Shadan Farasat said, “The court 4:3 held that the 1963 judgement which held that AMU is not a minority institution was incorrect and it is overruled. It has set parameters for what is required for an institution to be established by a minority to meet that constitutional test under Article 30, that test basically includes everything in terms of how the institution was established, its history, the community which was involved and various other aspects.”
He further noted that the issue of whether the AMU is a minority institution will be determined by a smaller bench.
Reacting to the verdict on AMU minority status, Yasoob Abbas, General Secy and spokespersons of All India Shia Personal Law, says, “I welcome this verdict because it is hoped that the 3-judges bench of Supreme Court will give a favourable judgement to continue the minority status of Aligarh Muslim University…”
A five-judge Constitution bench in the S Azeez Basha versus Union of India case in 1967 held that since AMU was a Central university, it could not be considered a minority institution.
The university got back its minority status when Parliament passed the AMU (Amendment) Act in 1981.
However, in January 2006, the Allahabad High Court struck down the provision of the 1981 law by which the university was accorded minority status.
Meanwhile, speaking to media persons, Vice Chancellor of AMU, Naima Khatoon said, “We honour the judgement. We will discuss with our legal experts for the next course of action.” (ANI)
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